Construction and Infrastructure Law
FEBRUARY 6, 2018
Nevertheless, critics of the bill anticipate that it will ultimately increase building costs, and will only exacerbate the current shortage of affordable housing in California. Joint employment liability has been an ongoing trend in California. The bill also precludes recovery of liquidated damages or penalties.
Construction Lawyer
JANUARY 30, 2014
An unpublished California opinion, Paul Ryan Associates v. 17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii.
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Construction Law Monitor
AUGUST 24, 2012
I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.
Pro Builder
MAY 27, 2022
Here’s an example: A California sales executive who jumped ship for a competing employer took along a folder of customer lists and marketing plans. Called “ covenants not to compete ,” or “non-competes,” these agreements specify a period of time for the prohibition and a geographic area where the prohibition applies.
Best Practices Construction Law
JUNE 12, 2015
Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Other jurisdictions, such as California, New York and Nevada , have expressly ruled that the “pay as paid” clauses are unenforceable as a violation of state public policy.
Construction Law Monitor
MARCH 9, 2012
All to often, I will have contractors operating on oral agreements , (just a handshake and a man’s word!) In these current times, form documents and oral agreements are unacceptable. For more information see Wolfe Law Group’s website regarding contract drafting and contract review.
Building Information Management
AUGUST 6, 2013
Several recent and current projects in California are operating on the far right side of this Design-Build collaboration spectrum, by crafting a custom version of Design-Build that uses IPD principles. Through downstream agreements, the major team players can also agree to waive certain liabilities against each other.
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