Richard H. glucksman, Esq., Glenn T. Barger, Esq., Jon A. Turigliatto, Esq. and David A. Napper, Esq. | Chapman Glucksman Dean Roeb & Barger Bulletin | December 2, 2015 As anticipated in a prior CGDRB 2015 Bulletin that discussed the Fifth Appellate District Court’s noteworthy opinion in McMillin Albany LLC v. Super Ct. 2015 F069370… Continue reading #1 – The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act SB 800 is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction
Month: January 2016
#2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
Graham C. Mills | Newmeyer & Dillion, LLP A recent decision by the Court of Appeal, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To… Continue reading #2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
#3 – No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
Yas Omidi | California Construction Law Blog | November 30, 2015 “No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a dreadful…would-be thriller” and “low-grade trash.” It’s also, in short, the California Court of Appeal’s answer to a primary… Continue reading #3 – No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
#5 – California Homeowners Can Release Future, Unknown Claims Against Builders
Edward A. Jaeger, Jr. and William L. Doerler | White and Williams LLP | June 3, 2015 In Belasco v. Wells, 183 Cal. Rptr.3d 840, 234 Cal. App. 4th 409 (2015), the California Court of Appeals for the Second District addressed the question of whether a homeowner, when settling an administrative complaint against a licensed… Continue reading #5 – California Homeowners Can Release Future, Unknown Claims Against Builders