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
