In 2002, the California Legislature enacted SB 800 to cover residential construction defect claims…or so most thought.  Its intent was to give developers, builders and contractors the right to repair alleged defects before homeowners filed suit.  It required the homeowners to give notice and an opportunity to repair. In 2013, the California intermediate appellate court in […]

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A seller’s duty to disclose construction defects likely includes the duty to disclose prior construction defect litigation under the California ruling in Calemine v. Samuelson.

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With the economy starting to show signs of life, many homeowners are beginning to perform previously delayed construction projects. However, finances can still be a major issue, which is one reason why some homeowners elect to forego hiring a general contractor and instead act as an “owner-builder.” When a property owner chooses to act as […]

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Workers compensation preemption prohibits third parties that allegedly injure an employee from seeking redress against an employer by way of a cross-complaint for indemnity.

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If you’ll be hiring a contractor to do work on your property, be certain you review their liability policy carefully.

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Before you have a contractor begin any home improvements, there are some things you should know.

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California’s Mechanic’s Lien Law (Civil Code section 3082 et seq.) is littered with short deadlines, which are further complicated by the rules of bankruptcy.

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The recent ruling in Baeza v. Superior Court upheld the alternative nonadversarial prelitigation contractual provision utilized by one homebuilder.

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A flooring contractor was found to have negligently caused a fire started by a worker’s discarded cigarette that damaged a homeowners’ property in the amount of $424,050.

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Generally, an unlicensed contractor may not collect compensation for construction work. However, will a court enforce an arbitration award involving an unlicensed contractor where arbitration was voluntarily agreed to by all parties?

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If you represent those in the construction industry, you should advise them to pay close attention to any licensing requirements of any contract or subcontract they may enter into.

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Under certain circumstances, an injured person working in your home can file a civil lawsuit against you as the homeowner, rather than being limited to workers compensation. A recent California Supreme Court decision held that this is the case and defined the standard of care to be used in a case brought by an injured employee working on a homeowner’s substantial remodeling project. (Cortez v. Abich (2011) 51 Cal. 4th 285.)

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