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Archive by tag: WendelReturn

Impacts of the Bay Area Shelter-In-Place Orders on Development and Related Litigation

As of March 18, 2020, eleven Bay Area and neighboring counties have issued Shelter-in-Place orders, including Alameda, Contra Costa, Marin, Monterey, San Francisco, Santa Clara, Santa Cruz, San Mateo, and Sonoma counties. Each county issued its own...By: Wendel Rosen LLP
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Wendel Rosen LLP | Mar 20,2020 |

California Attempts to Tackle Housing Affordability Crisis

It’s a bit too early yet for our 2020 Construction Law Update but here’s a preview of some of the new laws taking effect next year. Earlier this month, Governor Gavin Newsom signed a slate of 18 bills to boost housing production in an effort to...By: Wendel Rosen LLP
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Wendel Rosen LLP | Oct 29,2019 |

California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recording Mechanics Lien

California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Sep 04,2019 |

When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One

According to the California Judicial Council you have about a one in three chance your case will go to trial. In 2018, of the 210,028 unlimited civil cases that were filed (i.e., cases with an amount at issue of more than $25,000) only 33 percent...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Aug 27,2019 |

Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion

When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, Case No. D074219 (June 5, 2019), the California Court of Appeals for the 4th...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jul 31,2019 |

Installation of Solar Panels Ain’t “Roofing Work” Under OSHA Says 9th Circuit

In a straightforward case, but one with widespread applicability today, the 9th Circuit Court of Appeals held that rooftop installation of solar panels isn’t (ain’t) “roofing work” under OSHA....By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jul 24,2019 |

California Court of Appeal Makes Short Work of Trial Court Decision Preventing Party From Supplementing its Experts

Years ago I recommended to a client that we hire a construction defect expert in a case. The client, a thrifty fellow, responded, “But I thought you were the construction expert. Why do I need to hire another expert? A fair question and one that...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jul 01,2019 |

A Reminder to Renew Your Public Works Registration by June 30, 2019

A friendly reminder from the folks at the CSLB . . ....By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jun 26,2019 |

What You Need to Know About Home Improvement Contracts

Given the variety of problems that can arise on a construction project, from defects to delays, it’s difficult to draft a construction contract that addresses every possible problem exactly right. However, so long as you adequately address the “big...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jun 25,2019 |

Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.), also known as the Listing Law, is intended to prevent direct contractors on public works projects from “bid shopping” and “bid peddling.”...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jun 11,2019 |
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