Nicholas B. Brummel and Lawrence S. Zucker II | Haight Brown & Bonesteel In Organizacion Comunidad de Alviso v. City of San Jose, the Sixth Appellate District held that the relation back doctrine was inapplicable where a plaintiff received constructive notice of a defendant’s identity months prior to the last date where filing was permitted pursuant… Continue reading Constructive Notice Established as Obstacle to Relation Back Doctrine
Month: March 2021
Using Lien and Bond Claims to Secure Project Payments
Jonathan Cheatham | Construction Executive While suing in court for payment on a construction project is nothing new, the very notion of non-payment tends evokes images of hard-working contractors and subcontractors, working with tight margins, owed payment for services rendered and materials. Fortunately, for general contractors and subcontractors in the construction industry, there are better… Continue reading Using Lien and Bond Claims to Secure Project Payments
Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
Jeffrey S. Crowe | Sheppard Mullin Richter & Hampton Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch housing development in Dana Point, California, accused subcontractor C.W. Poss Inc. (“Poss”)… Continue reading Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
Brian Comarda andAllison K. Wells | Gordon Rees Scully Mansukhani Currently, Texas is one of only two states where a contractor may be held liable for defects related to construction designs, plans, or specifications – even if provided by the hiring party (i.e., the owner, owner’s agent or design professional). However, new legislation in Texas (SB… Continue reading Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation
Daniel E. Evans and Colleen M. Kwiatkowski | Gordon Rees Scully Mansukhani In Tuscany Custom Homes, LLC v. John B. Westover, et al., No. 2020CA1724, the Colorado Court of Appeals held that post-mediation communications from a mediator memorializing the parties’ agreement reached during mediation (but not executed by the parties) and an unsigned settlement agreement formalizing… Continue reading When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation