Nomos LLP

In the days before cable, and long before Netflix, I watched my fair share of spaghetti westerns on lazy weekend afternoons. Bullets zinging past cowboys, knocking off hats, and ricocheting off rocks. But while you might get lucky and dodge a bullet, not so with a Gatling gun.* In the next case, C. W. Johnson & Sons, Inc. v. Carpenter [ 889 more words ] http://calconstructionlawblog.com//you-may-be-able-to-dod/

Just because you own a pair of Air Jordans doesn't make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier's equitable subrogation claim explaining that an insurer's obligations under its insurance policy is not the same as an idemnitee's obligations under an indemnity provision. [ 1,634 more word ] http://calconstructionlawblog.com//insurance-policies-and/

The announcement this week by major airlines and then by Disney that they will be laying off tens of thousands of workers is just the latest in what we already know: The coronavirus pandemic has adversely impacted workers around the world. And the construction industry is no exception, although its impacts have been uneven, and in some cases surprisingly good. [ 266 more words ] http://calconstructionlawblog.com//the-construction-indus/

Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute's glossary of insurance terms subrogation is "the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the insured to recover the amount of the loss from one legally liable for it." In other words, if an insurer comes out of pocket for something someone else broke, the insurer can turn to that responsible party for reimbursement of its out of pocket costs. [ 1,247 more word ] http://calconstructionlawblog.com//court-of-appeal-puts-t/

It's the case that has turned into a modern day Hatfield versus McCoy - McGee v. Torrance Unified School District, Case No. 8298122, 2nd District Court of Appeals (May 29, 2020) - a series of cases challenging the validity of certain lease-leaseback construction contracts in California. In shootout number one, James McGee sued the Torrance Unified School District challenging the validity of lease-leaseback contracts the District had entered into with general contractor Balfour Beatty Construction, LLC. [ 905 more words ] http://calconstructionlawblog.com//is-it-the-end-of-the-l/

Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed, Case No. A153523 (April 24, 2020), 1st District Court of Appeals, is about the unfulfilled wishes and dashed dreams of the $13 million dollar "fixer upper." Moore v. Teed The $13 Million Dollar "Fixer Upper" [ 1,680 more word ] http://calconstructionlawblog.com//champagne-wishes-and-c/

Sophisticated contractors know that in California contractual "pay when paid" provisions are enforceable but that "pay if paid" provisions are not. "Pay If Paid" v. "Pay When Paid" Provisions A "pay if paid" provision is one in which a higher tier party agrees to pay a lower tier party "if" it is paid in turn by a still higher party. Most commonly they are found in subcontracts between general contractors and subcontractors and provide that the general contractor will pay the subcontractor "if" the general contractor is paid by the project owner. [ 1,379 more word ] http://calconstructionlawblog.com//pay-when-paid-provisio/

Sometimes it's right there before your eyes. Then, poof, it's gone. This was the experience of one insured, who brought a bad faith insurance denial claim against his insurer thinking that the facts were in his favor, only to discovery they were not. The 501 E .51st Street Case The Water Main Break and AGI's Report The owner of a 10-unit apartment building built in 1963, 501 East 51st Street, Long Beach-10 LLC (just rolls off the tongue doesn't it?), filed a bad faith action against its insurer Kookmin Best Insurance Co., Ltd., after it denied 501 East's insurance tender following a water main break that caused the building's foundation to subside. [ 1,950 more word ] http://calconstructionlawblog.com//insureds-bad-faith-ins/

People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but also covers some new ground. Carmel Development Company v. Anderson [ 2,116 more words ] http://calconstructionlawblog.com//california-mechanics-l/

This past month, after remaining relatively quiet following the coronavirus outbreak, OSHA began issuing industry-specific guidance on how to deal with the coronavirus in the workplace. Until this month, the only construction industry specific guidance issued by OSHA was an OSHA Alert entitled COVID-19 Guidance for the Construction Workforce, a one page document providing little more guidance than that workers should stay home if sick, wear masks and frequently wash hands to prevent spreading and catching the coronavirus, and to sanitize tools and work areas. [ 654 more words ] http://calconstructionlawblog.com//osha-issues-covid-19-g/

No attribution required. Pxhere.com Michael Medeiros was not a good guy. Ok, on a scale of 1 to 10, maybe not a 9 or 10 (when you're including guys like Charles Manson), but a solid 6 or 7 at least. The next case, People v. Medeiros, Case No. A155648, 1st District Court of Appeals (March 26, 2020), is less important for its legal holding than as a reminder that while most legal disputes on construction projects end up with one party owing the other party money, sometimes, when a party's conduct has been really bad, it can end in a loss of liberty (i.e., jail time) as well. [ 643 more words ] http://calconstructionlawblog.com//contractor-sentenced-t/

According to a recent study conducted by the Harvard University, the University of Chicago, and the University of Illinois, more than 100,000 small businesses (firms with fewer than 500 employees) representing 2% of small businesses in the America have closed their doors permanently due to the coronavirus. The next case, although about events occurring before COVID-19, provides a glimpse of what litigation may look like in the intervening months and years as companies struggle to keep their doors open. [ 1,118 more word ] http://calconstructionlawblog.com//a-glimpse-into-post-ju/

California Enters Stage 2 of Reopening California has entered Stage 2 of its four-stage reopening. Under Stage 2, curbside retail, manufacturing plants and offices are allowed to operate with restrictions. For the California construction industry, Stage 2 doesn't represent much of a change perhaps with the exception of manufacturing supply chains, although construction supply chains were arguably already exempt. While construction in California is permitted, project owners and contractors should check their local, and, in particular, county health departments, for any job safety requirements such as the " [ 338 more words ] http://calconstructionlawblog.com//california-enters-stag/