Garret Murai | California Construction Law Blog The most un-Halloween of Halloweens has come and gone. If you ask me though, between COVID, protests, fires, hurricanes, the passing of a Supreme Court Justice, and one of the most hotly contested elections in U.S. history, we’ve had enough scares this year to make up for it and then… Continue reading Contractor Haunted by “Demonized” Flooring
Month: November 2020
Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret
Karl A. Schulz | Property Insurance Law Observer In Chavez v. Std. Ins. Co., 2020 U.S. Dist. LEXIS 203610 (N.D. Tex. Oct. 30, 2020), Judge David C. Godbey considered a variation on a common scenario that arises in first party cases. Typically, the insured/plaintiff wants an insurer’s claims handling manual to use against the insurer in… Continue reading Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret
Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor
Douglas L. Patin and Amandeep S. Kahlon | Buildsmart On October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of action for a subcontractor against a general contractor. … Continue reading Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Joshua Levy and Madeleine Bailey | Construction Executive There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close… Continue reading Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
A Development Agreement Is A Contract And Can Alter Map “Vested Rights”
Kevin Brodehl | Patton Sullivan Brodehl Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights. Put simply, obtaining a vesting tentative map allows a builder to rely on the regulations, conditions, and fees existing at the project planning… Continue reading A Development Agreement Is A Contract And Can Alter Map “Vested Rights”