Garret Murai | California Construction Law Blog We’re beginning to see a trend. This past year, the 2nd District Court of Appeals, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, 53 Cal.App.5th 1201 (2020), held for the first time that a one (1) year statute of limitations period… Continue reading 1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
Tag: Disgorgement Claims
Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
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
Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
Matthew T. Porter | Smith Currie & Hancock Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, Inc. (2020) 53 Cal.App.5th 1201. Under California Business and Professions Code section 7031(b), “a person who utilizes the services of an unlicensed contractor may bring an action … to recover all compensation paid to… Continue reading Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
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
Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule
Timothy L. Pierce, Hector H. Espinosa and Samira F. Torshizi | K&L Gates In a recently published case dealing with issues of first impression, the California Court of Appeal Second Appellate District in Los Angeles held that the disgorgement penalty under Business and Profession Code § 7031(b) must be made within one year of completion or… Continue reading Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule