California Public Entity, Construction, and Business Law Blog

Public records sign
June 06, 2019

Access to Public Records is Your Constitutional Right: How to Obtain Disclosable Public Records in Five Easy Steps.

Access to records and information pertaining to public records is "a fundamental and necessary right of every person in this state," which they can enforce through the California Public Records Act request process... Continue reading

Highway rumble strip
April 01, 2019

Don't Underthink It: Plaintiff Insists Civil Engineers Failed to Consider Safety Features.

Public entities are conferred statutory immunity for design of roadways if the plan or design: (1) is alleged to have caused the subject accident, (2) was approved prior to construction by an employee with discretionary authority or... 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



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