Kent B. Scott | Babcock, Scott & Babcock INTRODUCTION If your client is involved in a legal dispute, you may be able to settle it without going to court. One way to do this is to work out a solution with the help of a mediator – a neutral third person. This article addresses some… Continue reading Preparing the Client for Mediation – Questions Clients Ask Their Lawyers
Month: June 2020
Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty
Ben Volpe | Higgins, Hopkins, McLain & Roswell EIFS, or Exterior Insulation and Finish System, is an integrated exterior insulation and synthetic stucco system, praised for its energy efficiency.[1] However, EIFS has come to be well known in the construction defect world as placing homes at risk due to a lack of a built-in moisture management system.… Continue reading Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty
California Mechanics’ Lien Case Treads Both Old and New Ground
Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground
Is It Time to Get Rid of Retainage?
David K. Taylor | Construction Executive Many debate the pros, cons and claims of retainage—when one party to a construction contract withholds a percentage (typically 5%-10%) from an otherwise approved contractor pay application, and which typically is not paid until a project is substantially complete. If an owner withholds retainage from a prime contractor, typically… Continue reading Is It Time to Get Rid of Retainage?
Enforceability Of Subcontract “Pay-When-Paid” Provisions – An Important Update
Patrick McNamara | Porter Law Group A California Court of Appeals opinion published earlier this month brings a change to payment bond claims brought by unpaid subcontractors and suppliers. The decision (Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America) places limitations on a payment bond surety’s ability to rely on subcontract “pay-when-paid”… Continue reading Enforceability Of Subcontract “Pay-When-Paid” Provisions – An Important Update