Rss Feed Tweeter button Facebook button Linkedin button

Construction

Our construction law attorneys offer construction contract advice regarding bidding, contract preparation, interpretation, and enforcement. We also defend claims against general contractors, subcontractors, engineers, architects, developers and landowners in both commercial and residential cases. This practice area includes:

• Construction Defect Litigation
• Contract Disputes
• Mechanics Liens
• Construction Products Liability
• Construction Site Injuries
• Design and Structural Deficiencies

Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment

Monday, June 27, 2011
By James Ficenec
Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment

California law precludes actions by unlicensed contractors to recover payment for services as a contractor.  In Ball v. Steadfast-BLK, the California Court of Appeal ruled that the law did not prevent recovery by contractor who, while licensed as a sole proprietor, entered into a contract under an unregistered false business name. Mr. Ball was... »

In a Policy With a “Per Claim Self-Insured Retention” Where the Term “Claim” is Not Defined, the SIR May Apply to a Single Suit Rather Than to “Each Home”

Wednesday, July 14, 2010
By William Manning
In a Policy With a “Per Claim Self-Insured Retention” Where the Term “Claim” is Not Defined, the SIR May Apply to a Single Suit Rather Than to “Each Home”

Clarendon America Insurance Company v. North American Capacity Insurance Company 10 C.D.O.S. 8742 (4th District Court of Appeal) The policy holder, a developer/general contractor in the construction of a residential development in Victorville, California, was insured by Clarendon America Insurance Company (Clarendon) and North American Capacity Insurance Company (NAC) under separate and consecutive general... »

Fourth District Court of Appeal Decision holds that a general liability policy “Montrose” exclusion does not necessarily preclude the potential of insurance coverage.

Tuesday, July 13, 2010
By William Manning
Fourth District Court of Appeal Decision holds that a general liability policy “Montrose” exclusion does not necessarily preclude the potential of insurance coverage.

Pennsylvania General Insurance Company v. American Safety Indemnity Company 4th District Court of Appeal10 C. D.O.S. 8298 Facts of the Case Whiteacre Construction, Inc. was a framing subcontractor in a construction project. During a time that Whiteacre had entered into a subcontract to perform the work, as well as a time that the contractor... »

Pest Control Inspector Owes No Duty To Homeowner’s Guests

Sunday, June 13, 2010
By James Ficenec
Pest Control Inspector Owes No Duty To Homeowner’s Guests

A typical component of the purchase and sale of residential real estate in California is an inspection and report by a licensed pest inspection company.  In Formet v. The Lloyd Termite Control Co., the California Court Court of Appeal ruled that the scope of a pest inspector’s potential liability for a negligent inspection or... »

CC&Rs Not Sufficient To Require Homeowners To Arbitrate Construction Defect Claims Against Condominium Developer

Sunday, May 30, 2010
By James Ficenec
CC&Rs Not Sufficient To Require Homeowners To Arbitrate Construction Defect Claims Against Condominium Developer

California law permits parties to waive their right to jury trial and to resolve their disputes by binding arbitration.  However, such a waiver must be contained in an agreement providing actual notice to all parties.  In Villa Vecenza Homeowners Association v. Nobel Court Development, LLC, the California Court of Appeal held that covenants, conditions,... »

« Older Entries