In the News

by Kathlynn Smith For over 20 years, California courts have clearly and consistently rejected so-called pay-if-paid provisions in construction contracts that condition a subcontractor’s right to payment on the owner’s payment to the contractor. The seminal case of Wm. R. Clarke Corp. v. Safeco Ins. Co., 15 Cal. 4th 882 (1997) squarely rejected pay-if-paid clauses […]

The impact of the novel coronavirus (COVID – 19) on the daily lives of Americans has been brought into even sharper focus just in the last 72 hours.  In an effort to avoid a dramatic spike in the growth of the virus, as was experienced in Italy and Iran, public health officials are advising workers […]

by Paul Rogoff. When California enacted the Right to Repair Act in 2002 (Civil Code sections 895 – 945.5), it sought to implement a 10-year statute of limitations which would bar any actions brought more than 10 years after “substantial completion.” To do this, the Legislature borrowed language from section 337.15 of the Code of […]

The last time you negotiated a construction contract, how much time did you spend on the “Force Majeure” clause?  Do your contracts even have such a clause? The global impacts of the coronavirus/COVID-19 (“the coronavirus”) outbreak might now put these contract provisions at the center of attention. Generally, a Force Majeure event is an extraordinary […]

As an employer, what can you and what should you do to address employee concerns over the spread of the Coronavirus also known as COVID-19 and other emergency situations such as earthquakes and other disasters? There are several steps employers can take now to inform their employees and protect their business. Develop or Update your […]

by Paul Rogoff Passed in July 2019, Senate Bill No. 339 caused three new statutes to be added to California’s Business and Professions Code (BPC), which took effect on January 1, 2020. Proponents of the Bill, seeking to assist the Board for Professional Engineers, Land Surveyors and Geologists in its consumer protection mandate, identified the […]