John Mark Goodman | BuildSmart In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien statute (see Ram Concrete v. Montecito, 2024 WL 1879352 (Cal. Ct. Appeal)). In Ram Concrete, the trial court entered judgment for… Continue reading Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender
Tag: california
A Guide to California’s Changes to Civil Discovery Rules
Amy Frerich and Michael Fullam | Lewis Brisbois California legislators have changed the rules of discovery in civil cases through the passage of amendments to Code of Civil Procedure sections 2016.090 and 2023.050, effective January 1, 2024. Section 2016.090 creates a new set of rules for civil litigators in cases filed on or after January… Continue reading A Guide to California’s Changes to Civil Discovery Rules
Project Completion Determines Mechanics Lien Recording Deadline
William L. Porter | Porter Law Group The California mechanics lien is one of the most powerful collection remedies available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California private works construction project. The mechanics lien allows the claimant to actually sell the property where… Continue reading Project Completion Determines Mechanics Lien Recording Deadline
Holland & Knight Wins First Superior Court Case Affirming California’s “Builder’s Remedy”
Ryan Michael Leaderman, William E. Sterling and Kevin J. Ashe | Holland & Knight Highlights Holland & Knight’s West Coast Land Use and Environmental Group, on behalf of 600 Foothill Owner LP (600 Foothill), an affiliate of client Cedar Street Partners LLC, has won the first California superior court case affirming the applicability of the… Continue reading Holland & Knight Wins First Superior Court Case Affirming California’s “Builder’s Remedy”
There’s the 5 Second Rule, But Have You Heard of the 5 Year Rule?
Garret Murai | California Construction Law Blog They’re called deadlines for a reason. Usually, because something really bad could happen if you fail to meet the deadline. For those in the construction industry, you probably aware of the “deadline” to bring a claim for latent defects (10 years from substantial completion); the deadline to file… Continue reading There’s the 5 Second Rule, But Have You Heard of the 5 Year Rule?