Jennifer Hernandez, Daniel Golub and paloma Perez-McEvoy | Holland & Knight The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended rule now provides that limitation periods of 180 days or less… Continue reading Judicial Council Ends Tolling Of Statute Of Limitations To Bring Civil Suits, Effective Aug. 3
Tag: california
California Issues Draft Guidance for Vapor Intrusion to Indoor Air
Brian Moskal | Greenberg Glusker California environmental agencies recently issued a draft vaporintrusion guidance document that will significantly impact theinvestigation and remediation of environmentally impactedproperties by owners, operators and potential buyers. The guidance document will also impact real estate deals anddevelopment involving those properties. The California State Water Resources Control Board, San FranciscoRegional Water Quality… Continue reading California Issues Draft Guidance for Vapor Intrusion to Indoor Air
General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable
Scott Halberstadt | TALG While it has been more than twenty years since the California Supreme Court determined, in Wm. R. Clarke Corp. v. Safeco Ins. Co., that “pay-if-paid” provisions in subcontracts were unenforceable, following a recent decision from the Court of Appeal, Fourth Appellate District, general contractors, or any other contractors that contract directly with owners,… Continue reading General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable
So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?
William L. Porter | Porter Law Group The Contractors’ State License Board (“CSLB”) represents the interests of the public in California construction matters. In the field of California construction, the CSLB is all powerful. The agency has the right to suspend the license of any contractor or subcontractor who does not pay on a construction… Continue reading So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?
Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
William Boerler | The Subrogation Strategist In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion” controlled the trigger date for California’s construction-related statute of repose, Cal. Civ. Code… Continue reading Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose