Construction

In this suit, a general contractor and its subs sued the LA school district for delay damages caused by construction stalled while cracks in the concrete foundation were repaired.  The contractors claimed that the cracks were caused by a design flaw--certain additional features should have been included in the foundation plan to avoid cracks.  The district claimed that the cracks… Read More

Owner sued waterproofing company in 2013 claiming its poor application of waterproofing materials on the roof of owner's building caused leaks in the roof.  The jury verdict was in favor of the waterproofing company.  Though finding it was negligent, the jury concluded defendant's negligence did not cause the leaks or other damage to the building.  Several years later, owner sued… Read More

During construction of a development in South Lake Tahoe, a worker for a subcontractor slipped on an icy floor, falling from a ladder and injuring himself.  This decision holds that the trial court granted defendant summary judgment based on the Privette doctrine which bars claims by an injured worker for an independent contractor against the hirer of that contractor.  This… Read More

The Right to Repair Act contains three provisions regarding roofs.  Civ. Code 896(g)(3)(A) states that manufactured products, including roofs, shall be installed so as not to interfere with the products’ useful life, if any.  Section 896(g)(3)(C) defines "manufactured products" to mean one assembled, in full, off-site.  Section 896(a)(4) states that roofs shall not permit water to pass around or through… Read More

The trial court erred in sustaining defendant's demurrer to this complaint seeking payment for construction work.  The demurrer claimed that the services had been provided by an unlicensed contractor and that B&P Code 7031 therefore barred recovery.  The issue in the case was which of two affiliated corporations had really contracted to and in fact provided the contracting services, the… Read More

This decision dismisses defendant's appeals from several trial court orders under the appellate disentitlement doctrine.  Defendant had refused to obey a long string of court orders in this long running dispute over a construction contract for defendant's casino.  Defendant refused to obey an order compelling arbitration.  Then it got an injunction against arbitration from its own newly formed tribal court,… Read More

A subcontractor that agrees to indemnify the developer for claims arising from the subcontractor's own work is not jointly and severally liable for defense costs that cannot be specifically attributed to claims against particular subcontractors, such as status conferences and the like. Read More

Following E.J. Franks Construction, Inc. v. Sahota (2014) 226 Cal.App.4th 1123, this decision holds that Bus. & Prof. Code 7031 does not preclude a contractor's recovery of compensation where at all times during the performance of work under the construction contract, the contractor's corporation was duly licensed--even though when the contractor entered into the contract and when he assigned it… Read More

In a construction dispute that originally was over $22,096, the trial court did not abuse its discretion in awarding plaintiff only $90,000 in attorney fees out of the $292,140 requested.  The case was relatively simple, ultimately turning on the contractor's lack of a license and proper insurance.  It involved only money, so it was reasonable to compare fees against recovery… Read More

Travelers insured several subcontractors who worked on two subdivisions developed by Pulte.  As required by their subcontracts, Pulte was made an additional insured under their Travelers policy.  When Pulte was sued for construction defects in the two subdivisions, Travelers provided a defense.  Later, it intervened to sue other subcontractors to recover its defense costs on an equitable subordination theory.  This… Read More

Construction project manager’s affirmative decision not to inquire about permit requirements for boiler replacement, and to proceed without a permit, constituted a willful disregard of building laws, thereby justifying disciplinary action by the licensing board. Read More

The Right to Repair Act precludes class actions premised on a violation of the Act’s standards for new residential construction. Read More

Gov. Code 1090’s prohibition on having a personal interest in a public contract one lets applies to a government agency’s independent contractors as well as its employees. Read More

A construction industry prompt payment statute allows a general contractor to withhold payment of retention sums due to a subcontractor only if there is a good faith dispute regarding the retention, not other sums allegedly due. Read More

Plaintiff contractor was entitled to recover its bid preparation costs on a promissory estoppel theory after it obtained an injunction to stop the winning bidder from proceeding with work but did not receive the contract itself. Read More

The relation-back doctrine will not save an architect or engineer malpractice action if the certificate of merit required by Code of Civil Procedure section 411.35 is filed after expiration of the statute of limitations. Read More

Lawsuit alleging that defendant had contaminated real property through its ordinary business operations on the site, which it had used as a bulk terminal for petroleum products, was barred by three-year statute of limitations applicable to injuries to real property.   Read More

The Right to Repair Act applies to all construction defects in new housing and affords an exclusive remedy, preempting any common law claims, even when the homeowner sustains actual damage. Read More

Nothing in the Americans with Disabilities Act or the Rehabilitation Act preempts a city's express indemnity claim against its architect and building contractor; although the city cannot escape its responsibilities under those acts, it may recoup from those whose errors caused the violations. Read More

A subcontractor need not indemnify a general contractor for liability arising from the general contractor’s own active negligence but must indemnify for added liability the general contractor incurs in the same action as a joint tortfeasor for injury caused by other tortfeasors’ acts.  Read More