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
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
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 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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