Fieldwire
AUGUST 14, 2023
It is governed by the contract, which means it’s part of the agreement between two parties. On public projects in California, for example, state law caps retainage at 5% prior to completion and acceptance of the project. Mechanics lien laws have specific deadlines that contractors must follow.
Best Practices Construction Law
JUNE 15, 2022
According to Levelset, the following states have prohibited pay-if-paid clauses: California. In other states, the prohibition has been decided by the courts, such as the California Supreme Court’s decision in Wm. It is important to understanding lien rights on a project, payment protections, and ultimately the risk of non-payment.
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Construction Law Monitor
SEPTEMBER 17, 2013
Joint check agreements are very popular in the construction industry. In fact, many folks mistakenly believe that joint check agreements are exclusively a construction industry instrument. Perhaps the joint check agreement is the most misunderstood and dangerous document you can confront on a construction project.
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 Law Monitor
AUGUST 9, 2011
Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Further reading: California Pay-if-paid Wm.
Construction and Infrastructure Law
JUNE 11, 2018
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. After Rockefeller , such contract language is no longer enforceable, at least in California. In Rockefeller Technology Investments (Asia) VII v.
Construction Lawyer
AUGUST 5, 2005
You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. California: No contractual jury waiver. The California Supreme Court, on August 4, 2005, in Grafton Partners v. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.
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