The California Legislature recently passed about 1,300 laws and the Governor signed 893 of them into law. This continues a long run of California enacting approximately 1,000 laws a year. While it can be hard to keep up with...more
On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more
SB 674 High Roads Jobs-Transportation -
This bill would establish the High “Road Jobs in Transportation – Related Public Contracts” to support the creation of equitable high-quality transportation and related manufacturing...more
Big changes are coming to the Davis – Bacon Act prevailing wage regulations. Some say they are the biggest changes since the administration of President Ronald Reagan. The proposed changes impact the manner in how prevailing...more
Contractor and subcontractor negotiations often lead to contract terms and language being incorporated into the subcontract agreement, which then leads to surprising results when issues arise. These results often occur when...more
Looming large on the 2022 construction landscape horizon is the specter of cost escalation claims. Over the past year, rising prices have become extreme, and the clauses governing cost escalation have come under greater...more
The current state of the construction industry as it concerns cost escalation and supply issues is one of uncertainty and time of performance problems resulting in increasing costs. There are major disruptions and delays in...more
In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more
4/20/2021
/ Anti-SLAPP ,
Attorney's Fees ,
Breach of Contract ,
California ,
Construction Contracts ,
Construction Industry ,
Contractors ,
False Claims Act (FCA) ,
Fraud ,
License Renewals ,
Mechanics Lien ,
Objective Falsity ,
Subcontractors
The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s...more
Now that COVID-19 impacts and costs are a fact of life, what can we expect in the way of decisions regarding compensation for costs incurred by contractors?
If the case of Pernix Serka Joint Venture v. Department of State,...more
Given the number of orders that have been issued by California public authorities, you may want to consider some type of systematic approach to analyzing if you qualify as an Essential Business and whether your projects are...more
Shelter-in-Place (SIP) - A Shelter-in-Place order means just that, stay and shelter in the place you typically shelter, i.e., living quarters. The State of California has determined that construction is an “Essential...more
Since first issuing stay-in-place orders, many California governmental authorities have begun to restrict construction activities by way of limiting what qualifies as an “Essential Business” in the construction sector. The...more
Today a unanimous Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”), which sought to expose States to copyright infringement suits. See 17 U.S.C. § 511(a). The Court’s decision in Allen v....more
As we begin the new year, it is a good time to look at requirements that change from year to year. In this article we look at certain public works requirements in California. Many public works contractors are already aware...more
1/24/2020
/ Apprenticeships ,
Construction Industry ,
Employer Liability Issues ,
General Contractors ,
Hiring & Firing ,
Policies and Procedures ,
Project Delivery Methods ,
Public Works ,
Reporting Requirements ,
Skilled Laborers ,
State Labor Laws ,
Subcontractors
California's Governor has signed into law a bill passed by the legislature amending Section 3351 of, and adding Section 2750.3 to the Labor Code and amending Section 606.5 and 621 of the Unemployment Insurance Code relating...more
10/14/2019
/ ABC Test ,
Amended Legislation ,
Borello Test ,
CA Supreme Court ,
Construction Industry ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
General Contractors ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
Public entities are known to assert False Claims actions “to up the ante” to intimidate and aggressively address contractor construction claims. This strategy in the case of John Ross of Industrial Sheet Metal, Inc. (JRI) V....more
The new year brings us some clarification regarding due process and sufficiency of the evidence necessary to support a subcontractor substitution on a California public works project. The case of note is JMS Air Conditioning...more
There is a growing trend in the construction industry wherein contractors, subcontractors and designers are working together to pursue large construction projects. This trend is accelerating as more public entities choose to...more
Delay and Disruption Claims -
Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical...more
In recent case of United Riggers and Erectors, Inc. v. Coast Iron and Steel Company ___ Cal. 4th ___ (May 14, 2018 Case No. S231549), the California Supreme Court addressed whether a direct contractor can withhold payment...more
This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more
5/21/2018
/ CA Supreme Court ,
Construction Contracts ,
Construction Industry ,
Employer Liability Issues ,
Former Employee ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Subcontractors ,
Unpaid Wages ,
Wage and Hour
Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company.
We start this issue with an article providing some practical solutions to common legal...more
3/21/2018
/ Airspace ,
Commercial Use ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Drones ,
Homeowners Association (HOA) ,
Mediation ,
NV Supreme Court ,
Unmanned Aircraft Systems
Letter from the Editor -
Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner!
In this issue, we highlight several topics affecting the...more
12/11/2017
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Deadlines ,
Endorsements ,
Insurance Industry ,
Liquidated Damages ,
No Damage For Delay ,
Prevailing Wages ,
Prompt Payment ,
Public Projects ,
Required Documentation ,
Wage and Hour
California enacted Assembly Bill 1701 on October 14, 2017, which adds section 218.7 to the California Labor Code. It applies to contracts entered into after January 1, 2018 for private construction projects....more