Paul Norris | Stark & Stark Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general terms, a lien claimant is only entitled to payment from the project owner… Continue reading Construction Liens – What is a Lien Fund?
The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
Garret Murai | California Construction Law Blog In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties under the Privette doctrine. The less thorny issue was whether application of the Privette doctrine depends on whether a written contract exists between the parties. Spoiler:… Continue reading The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
William L. Porter | Porter Law Group Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is… Continue reading Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute
Walter Wright, Jr. | Between the Lines Blog A United States District Court (C.D. California) (“Court”) addressed in a September 27th Order insurance coverage issues arising out of the construction of an apartment complex in California. See The Haven at Ventura, LLC vs. General Security Indemnity Company of Arizona, et al., 2024 WL 4343190. The issues… Continue reading Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute
Force Majeure Recommendations
Denise M. Motta | Gordon Rees Scully Mansukhani This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by a force majeure event. Contract Protection Tips: A force majeure event is defined as an unforeseeable circumstance that… Continue reading Force Majeure Recommendations