During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
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
