California Public Entity, Construction, and Business Law Blog

Magnifying glass on paper
September 17, 2019

Do Due Diligence: Property Purchaser Inadvertently Releases Negligence and Breach of Contract Claims

Failure to exercise due diligence often leads to liability. Surprisingly, in SI 59 LLC v. Variel Warner Ventures, LLC (2018) 29 Cal.App.5th 146, carelessness released a party from liability... Continue reading

Contract with money
January 30, 2019

Pay Your Retention Fund Forward.

It is common for a contractor to retain a small percentage of payments to a subcontractor as protection against non-performance and potential liens. If the subcontractor does not perform or asserts a lien, the contractor has funds to complete the project or make payment... Continue reading

November 21, 2018

Follow Your Own Rules: A Condominium Association's Violation of its CC&R's Moots its Construction Defect Claim.

Covenants, Codes, and Restrictions ("CC&R's") usually protect condominium associations and impose restrictions. However, the CC&R's in Branches Neighborhood Corp. v. CalAtlantic Group, Inc. (2018) 26 Cal.App.5th 743 took the condominium association by surprise... Continue reading

Public Works Construction
July 18, 2018

The Impact of California's New Cap on Withholdings in Public Works Project

Public entities, contractors, and subcontractors for years have enjoyed the flexibility California law provided parties to agree to the amounts to be withheld in retention of progress payments in contracts involving public works projects... Continue reading



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