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The California Court of Appeal handed down an important decision for the design and construction industry, Brisbane Lodging, L.P. v. Webcor Builders, Inc. (http://www.courts.ca.gov/opinions/documents/A132555.PDF).  The Court ruled that sophisticated parties are able to negotiate a specific start to the 4-year statute of limitations for construction defect claims as opposed to being bound by the “delayed discovery rule,” whereby such a… Read More

The California Court of Appeal on December 13, 2012, issued an opinion which is harmful to design professionals performing services in this state, broadening their exposure to claims brought by third-party purchasers of properties which they design. Unless the case, Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP, et al. (“Beacon”), is overturned by the California Supreme Court,… Read More

Founded in 1972, the Academy is the nation's oldest lawyers' organization dedicated to appellate practice. Its members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their skill in advocacy before the appellate courts. The Academy has over 100 members, all of whom have been in practice for at least 10 years, have served… Read More

David Ericksen was cited and quoted in the article No Guarantees (PE Magazine, March 2012) as an authority on design law and green issues. In particular, PE Magazine referenced Mr. Ericksen’s guidance to the design professionals in the face of over-hyped expectations and corresponding ambiguities in the design of sustainable projects. PE Magazine is published monthly by the National Society… Read More

The California Business and Professions Code forbids “any unlawful, unfair or fraudulent business act or practice.”1 This sounds simple enough, but these nine words, known colloquially as the “unfair competition law” or “UCL,” are the tip of a very large and unwieldy iceberg in our state.  The Increasing Unfairness of the Unfair Competition Law in California Article Read More

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