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Recent Cases

2018

Life After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?

2017

Tustin Field Gas & Food Inc. v. Mid-Century Ins. Co.

2016

Elliott Homes, Inc. v. Superior Court (Hicks) (December 2, 2016)

2015

State Ready Mix, Inc. v. Moffatt & Nichol

2014

E. J. Franks Construction, Inc. v. Sahota (June 5, 2014)

Martinez v. County of Ventura (April 8, 2014)

The McCaffrey Group, Inc. v. Superior Court (March 20, 2014)

North Counties Engineering, Inc. v. State Farm General Ins. (March 13, 2014)

Seahaus La Jolla Owners Assn. v. Superior Court (March 12, 2014)

Purcell v. Schweitzer (February 24, 2014).

Atlas-Allied v. SD Community College District

Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP.

Ninth Circuit Overrules Earlier Decision Finding That a Subcontractor Can Recover on Miller Act Payment Bond Despite Filing After One Year Limitations Period.

KB Home Greater Los Angeles v. Superior Court (2014) 223 Cal.App.4th 1471

Burch v. Superior Court (2014) 223 Cal.App.4th 1411

2013

California Construction Update: Statute of Limitations for Latent Construction Defects Can Be Waived

Defendant's Equitable Indemnity Cause Of Action Against A Public Entity Accrues Upon The Service Of The Complaint That Contains The Cause of Action For Which Indemnity Is Sought.

In A Mechanic’s Lien Claim The Construction Contract May Be Taken Into Account Even When Property Owners Were Not A Party To The Contract.

Trial Court Must Evaluate Arbitrator’s Denial Of Developer’s Claim Seeking Disgorgement Of Compensation From Unlicensed Contractor.

2012

Technological Advances By Themselves Do Not Result In The Loss of Design Immunity.

Design Professionals May Owe A Duty To Third Parties Despite Lack Of Contractual Privity.

Promissory Estoppel Claims Are Not “On The Contract” For Purposes Of Attorney Fees Provisions.

Builder Has No Duty To Produce Documents Before Served With A Notice Of Construction Defect Claim.

Design Firm Is Not Liable For Omitting Contrast Marking Stripes On Stairs Because Defect Was Patent And The Owner Accepted Work As Complete.

If A Settling Insurer Shows Potential Coverage Under A Non-Participating Insurer’s Policy Then The Burden Of Proof Shifts To The Non-Participating Insurer To Prove An Absence Of Actual Coverage.

California Law Requiring Contractors Maintain Proper Licenses Is Enforceable By A Tribal Entity For Work Done On Tribal Lands.

Purchaser At Foreclosure Gained Declarant Voting Rights.

Developers May Enforce A Declaration Of Covenants, Conditions, And Restrictions Recorded Pursuant To California Statute.

A Choice of Law Contract Provision Was Enforceable Despite Its Effect Of Avoiding California’s Workers’ Compensation Act.

California Charter Cities Do Not Need to Comply With Prevailing Wage Law For Construction of Public Buildings

General Contractor Not Liable for Workplace Injuries When They Delegate Responsibility to Independent Subcontractor.

Co-Insurer Responsible for Equitable Contribution When Insured Meets Self Insured Retention Through Settlement Payment

Homeowners Association has Standing for Action against Realtors for Concealment or Misrepresentation.

2011

Builders Who Opt Out of Statutory Pre-litigation Procedures and Provide Alternative Contractual Pre-litigation Procedures are Not Subject to Statutory Disclosure Requirements.

Hirers Not Liable for Independent Contractor’s Injury Where Independent Contractor Created the Hazard.

Electing To Use Contractual Alternative Prelitigation Procedures Is Binding; If Those Procedures Fail A Developer May Not Require Homeowners Comply With Statutory Prelitigation Procedures.

Hirer May Be Held Liable for Independent Contractor’s Injury Where Hirer Retained Control Over Safety Conditions at Jobsite.

2010

No Recovery of Attorney Fees Where Retention Not Owed.

Bid Challenge to Accepted Higher Bidder is Denied.

Unlicensed Contractor Must Disgorge All Payments.

2009

Duty to Warn Other Companies’ Employees.

Prompt Payment Rights and Obligations.