Publications

COURT OF APPEALS WEIGHS IN ON CONTRIBUTION ACTIONS BETWEEN INSURANCE CARRIERS IN CONSTRUCTION DEFECT ACTIONS

A recent insurance law decision by the California Court of Appeals, St. Paul Mercury Insurance v. Mountain West Farm Bureau Mutual Insurance, (2012) 210 Cal.App.4th 645, clarifies the role and obligations of insurance carriers for subcontractors involved in construction defect litigation.

Read More


UNUSED EASEMENTS AND THE SANCTITY OF PROPERTY RIGHTS

Can an unused private easement be extinguished to accommodate a desirable plan of development? Not according to the California Court of Appeal in a recent published decision. In Cottonwood Duplexes, LLC v. Barlow, (2012) WL 5492890, the court held that a developer's need for land burdened by a previously-granted roadway and utility easement did not trump the easement holder's property rights, even though the easement holder arguably had no need for the easement.

Read More


JOINT AND SEVERAL LIABILITY FOR EMPLOYERS AND THIRD PARTY ADVISORS FOR WILLFUL MISCLASSIFICATION

In a previous blog entry, we highlighted the different factors that could be considered to properly classify workers as employees or independent contractors, and the legal consequences of misclassifying such workers as independent contracts by employers seeking to avoid payroll taxes and overtime.

Read More


USING ASTM STANDARD E2128-12 TO DEFEND WINDOW LEAK CLAIMS

The primary purpose of investigative testing is to recreate leaks that are known to occur. Investigative testing is not intended to demonstrate code compliance or compliance with project documents unless such deviations are actually related to the leakage problems.

Read More


COMMERCIAL & RETAIL LEASES - WHAT TENANTS NEED TO LOOKOUT FOR!

Leasing a retail or commercial space to start up a new business requires a significant investment of money and time. Regrettably, many new business owners speed through the leasing process and discover later the harmful lease provisions to which they had unknowingly agreed.

Read More


THE PITFALLS OF ACTING AS AN "OWNER-BUILDER"

With the economy improving, many homeowners are beginning to perform previously delayed construction projects. However, finances can still be a major issue, which is one reason why some elect to forego hiring a general contractor and instead act as an "owner-builder."

Read More


LAND USE LAWS AFFECTING CALIFORNIA WINERIES

Are you contemplating the purchase of vineyard property or looking to establish a winery? It is essential to know the basics of California land use law before proceeding with your planned acquisition. What follows is a brief primer.