Reconciling Prompt Payments and Withholding of Retention Payments

Eric J. Rollins | Newmeyer & Dillion LLP | June 27, 2016 It is common in California for the owners of a project to make monthly payments to a contractor for work as it is completed, but withhold a certain percentage as a guarantee of future satisfactory performance.   Contractors almost always pass these withholdings on  … Continue reading Reconciling Prompt Payments and Withholding of Retention Payments

An Owner’s Guide to Notices of Completion, Cessation and Non-Responsibility

Garrett Murai | California Construction Law Blog | June 27, 2016 We talk a lot about contractors on the California Construction Law Blog. Owners? Not so much. So, owners, this one’s for you. Why are Notices of Completion, Cessation and Non-Responsibility Important to Owners? California recognizes three types of statutory notices on construction projects available to… Continue reading An Owner’s Guide to Notices of Completion, Cessation and Non-Responsibility

How Contractors can use a Mechanic’s Lien to Avoid Getting ‘Burned’

Kim Slowey | Construction Dive | April 26, 2016 Getting paid in the private construction business — whether it involves a particularly evasive general contractor or an owner who’s in a tight financial spot — can be a challenge. Fortunately, no matter the size of their legal budgets, contractors have an alternative to waiting out a check indefinitely, and… Continue reading How Contractors can use a Mechanic’s Lien to Avoid Getting ‘Burned’

Depreciation of Property to Determine Actual Cash Value is Different in California

Kevin Pollack | Property Insurance Coverage Law Blog | April 26, 2016 In a key win for policyholders in California, a California state court trial judge recently found that insurers must consider the actual condition of personal property at the time of a loss when determining the property’s actual cash value. The case arose from… Continue reading Depreciation of Property to Determine Actual Cash Value is Different in California

Is California Law Bad Faith Law Changing Due to Jury Instructions?

Denise Sze | Property Insurance Coverage Law Blog | March 10, 2016 In California, when it comes to insurance bad faith litigation we usually think of first party bad faith where an insurer owes a duty to its own insured. In fact, third party bad faith is barely recognized except where the third party insurer… Continue reading Is California Law Bad Faith Law Changing Due to Jury Instructions?

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