Garret Murai | California Constructin Law Blog We’ve talked before about Business and Professions Code section 7031 which courts have referred to as “harsh[ ],” “unjust[ ]” and even “draconian.” Under Section 7031, a contractor performing work requiring a contractor’s license, but who doesn’t: (1) is prohibited from suing to recover payment for work performed;… Continue reading Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
Tag: california
You May Be Able to Dodge a Bullet, But Not a Gatling Gun
Garret Murai | California Construction Law Blog In the days before cable, and long before Netflix, I watched my fair share of spaghetti westerns on lazy weekend afternoons. Bullets zinging past cowboys, knocking off hats, and ricocheting off rocks. But while you might get lucky and dodge a bullet, not so with a Gatling gun.*… Continue reading You May Be Able to Dodge a Bullet, But Not a Gatling Gun
Landmark Contractor Licensing Case Limits Disgorgement Remedy in California
Candace Matson | Construction & Infrastructure Law Blog Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Cal. Bus. & Prof. Code §7065. Except for sole proprietors, contractors are typically licensed through “qualifiers,” i.e., officers or employees who take a licensing exam and meet other requirements to… Continue reading Landmark Contractor Licensing Case Limits Disgorgement Remedy in California
AB 2257: California Rewrites Independent Contractor Law…Again
Kelly O. Scott | ECJ Blogs As promised, Governor Newsom signed Assembly Bill 2257 which effectively rewrites Assembly Bill 5, the flawed law which sought to codify and clarify the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court and took effect on January 1, 2020. AB 2257 became effective upon signature. At approximately… Continue reading AB 2257: California Rewrites Independent Contractor Law…Again
California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In a case of first impression in the district, California’s Fourth District Court of Appeal found in Caliber Paving Co., Inc. v. Rexford Industrial Realty & Management, Inc. that an owner on a construction project could be liable to a subcontractor for the tort of intentional… Continue reading California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference