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Hunt Ortmann is one of the foremost authorities on California construction law, contracts, dispute resolution and litigation offering additional legal services in the areas of business and commercial law, employment matters and labor law compliance, real estate, insurance and suretyship.

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Publications

June 4, 2014

You Served The Preliminary Notice: Now Prove It

By Dale A. Ortmann, Esq.Part 3 of a 6-part series on the new Mechanic’s Lien Laws, effective July 1, 2012 In Parts 1 and 2, we explained the new Preliminary Notice and how to serve it. In Part 3 of our series, we cover the new requirements for proving that the Preliminary Notice was properly […]

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June 4, 2014

New Waiver And Release Forms: What The Heck Is A Through Date?

By Dale A. Ortmann, Esq. Part 4 of a 6 part series on the new Mechanic’s Lien Laws Effective July 1, 2012 In this Part 4 of our series, we explain the changes to the waiver and release forms under the new law effective July 1, 2012. The release forms are mostly the same, as […]

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June 4, 2014

Stop, Look, and… READ! Don’t Sign That Subcontract Just Yet

by Richard Mah, Esq. You’ve just been informed that your subcontract bid has been accepted on a public works project and your company will receive a subcontract agreement shortly. When you receive the draft agreement, you look it over and confirm that the scope of work and exclusions are consistent with your bid. As to […]

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June 4, 2014

Is It A Public Or Private Job?

by Wahid Guirguis, Esq. It is extremely important to know whether the project you are working on is public or private. That determination will dictate what payment-security tools can be used. The proper and necessary prerequisites to enforce any payment claim on the project must also be followed. Unfortunately, a subcontractor learned these lessons the […]

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June 4, 2014

Subcontractors Rejoice! Legislature Bans Type 1 Indemnity Clauses

by Carlo Paciulli, Esq. Beginning 2013 legislation takes effect that protects commercial contractors and subcontractors by eliminating Type I indemnity agreements. The bill’s sponsor, Senator Noreen Evans, said the new law “ensures construction contracts in California are consistent with our public policy of holding the responsible party liable.” Evans added, “For too long, contractors and […]

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June 4, 2014

The High Price of Being An Unlicensed Contractor

Contractor Licensing Law: The High Price Of Being An Unlicensed Contractor By Aaron Flores, Esq. California courts strictly enforce the disgorgement provisions of the contractor licensing law. A new California case underscores this reality. In Twenty-Nine Palms Enterprises Corporation v. Paul Bardos the California Court of Appeal upheld a trial court ruling which ordered an unlicensed contractor […]

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June 4, 2014

Nowhere To Run To, Baby: Arbitration Is Nowhere To Hide For Unlicensed Contractors

By Kathlynn Smith The subject of licensing has been on the minds of California’s courts recently. Hot on the heels of the appellate court’s decision in Twenty-Nine Palms Enterprises Corporation v. Bardos (See “Contractor Licensing Law: The High Price of Being an Unlicensed Contractor,” by Aaron Flores, Esq.), the California Court of Appeal just handed down another […]

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June 4, 2014

The Right to Repair Act: It’s Your Choice

by Dale Ortmann, Esq. Many practitioners believed that the procedurally complex Right to Repair Act (“RRA”) provided the exclusive remedy to a homeowner claiming damages for residential construction defects. The RRA was intended to provide for a non-adversarial procedure for the homeowner and builder to follow in an attempt to resolve the dispute. Though well […]

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