Nicholas Korst | Ahlers Cressman & Sleight In a recent case in California, the Court of Appeals held that a surety who had issued a public works payment bond cannot rely on the “Pay-When-Paid” provision in the subcontract as a defense against the subcontractor’s claim against the payment bond.[1] The case was a public works… Continue reading California Precludes Surety From Asserting Pay-When-Paid Provision As Defense To Payment Bond Claim
Tag: california
Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement
William L. Porter | Porter Law Group If you are a member of the California construction industry you might know that the right of a contractor, subcontractor or supplier to record a mechanics lien to protect the right to payment is well protected by state law. In fact, our California Constitution, article XIV, Sec. 3 specifically elevates… Continue reading Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement
2021 California Construction Law Update
Garret Murai | California Construction Law Blog Elvis may have been about 60 years too early. This Christmas looks to be a truly Blue Christmas as the nation grapples with rising infection, hospitalization and death rates due to COVID. But there’s always 2021 to look forward to, which, of course, also means new laws impacting… Continue reading 2021 California Construction Law Update
Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Garret Murai | California Construction Law Blog Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I… Continue reading Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
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”