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?
Tag: california
California Court Of Appeal Rules Arbitration Agreement Is Unenforceable
Ron Chapman, Jr., Jack Sholkoff and Zachary V. Zagger | Ogletree, Deakins, Nash, Smoak & Stewart A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic acknowledgment in a manner the court deemed… Continue reading California Court Of Appeal Rules Arbitration Agreement Is Unenforceable
Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees
Garret Murai | California Construction Law Blog Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring back some of those warm-weather memories, I have a swimming pool case for you. Although, like most of the things we write… Continue reading Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees
Understanding California’s Pure Comparitive Negligence Law
Yaron Shaham | Kahana Feld In order for a plaintiff to prove a defendant is negligent, the plaintiff must prove the defendant (1) owed a duty to plaintiff, (2) breached that duty, (3) the breach was the actual and proximate cause of plaintiff’s injury, and (4) the resulting monetary damage. However, for both plaintiffs and… Continue reading Understanding California’s Pure Comparitive Negligence Law
Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy
William L. Porter | Porter Law Group Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added… Continue reading Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy