Improper Withholding of Retention Results in Penalties

Date: April 8th, 2015 by John Schroeder No Comments

The recent case of FTR International, Inc. v. Rio School District (2015) DJDAR 1141 has shifted the balance of power to contractors in public works projects.  The FTR Court held that under Public Contract Code § 7107, a public agency could not justify their refusal to release the retention because of disputed change orders not related to the retention.  Public … Read More

Construction Law

Design Professional Liability

Date: July 7th, 2014 by Brendan J. Coughlin No Comments

The California Supreme Court has agreed to review a case greatly affecting construction defect litigation. All working contractors and subcontractors know how difficult it can be to force design professionals to be involved in construction litigation, even when their work is clearly at issue.

From the beginning of a case, established law tips in the favor of design architects and … Read More


Defending Stucco Defect Allegations

Date: January 21st, 2014 by Paul T. McBride No Comments

Approximately 80% of construction defect lawsuits which we defend involve stucco-clad houses. Depending on the plaintiffs’ expert, alleged stucco defects usually comprise anywhere from 20% to 50% of the total cost of repair. Therefore, it is important for those involved in defending stucco subcontractors to understand, and so be better able to defend, stucco defect allegations. In this article, we … Read More


Another Important SIR Decision

Date: November 7th, 2013 by Brendan J. Coughlin No Comments

The recent California case of American Safety Indemnity Co. v. Admiral Insurance Co. (2013) 220 Cal. App. 4th 1, confirms that policy language must be unambiguous when an insurer seeks to limit its obligations under an insurance policy. In this matter, the Court of Appeal found that while the language at issue clearly imposed a $250,000 Self-Insured Retention (“SIR”) on … Read More


Court of Appeals Interprets SB 800 Time Limitations as Inapplicable Where Actual Damage is Alleged to Have Occurred

Date: September 30th, 2013 by Paul T. McBride No Comments

California’s Right to Repair Act, set forth at California Civil Code Sections 895-945.5, and commonly referred to as “SB 800,” allows homeowners to recover the cost to repair certain specified construction defects even though no actual damages have yet occurred because of the defects.  SB 800 was enacted in 2002 in response to the California Supreme Court’s decision is Aas Read More


Understanding contractor and construction surety bonds in California

Date: September 4th, 2013 by Sara Aisenberg No Comments

Earlier this summer, Mr. John Schroeder of Kring & Chung, LLP wrote an article about bidding mistakes in public contract projects. In his article, Schroeder discusses the mistakes that most often occur during the bidding process and uses real examples to explain how complex the bidding process can be. One of the complexities he discusses is surety bonding. Many … Read More


Bidding Mistakes in Public Contracts

Date: June 5th, 2013 by John Schroeder No Comments

It is four o’clock on Friday afternoon and you have been working on your bid to the general contractor all day. The bid is due by five o’clock and you are finally ready to bring the numbers over from your workup sheet to the formal bidding form provided by the general contractor in his instructions to bidders. Then it happens……you … Read More


Seller Beware: Disclosing Construction Defects and Lawsuits in the Sale of a Residence

Date: March 25th, 2013 by Lance A. Adair No Comments

The old saying “let the buyer beware” is of little relevance to California real estate transactions. If you are contemplating the sale of your home in California and have had construction defects or a prior lawsuit involving defects in your home, you should be aware of the basic disclosure requirements under California law.

Sellers of real property in California have … Read More



Date: March 15th, 2013 by Roland J. Amundsen No Comments

Indemnity is a concept that causes most lawyers and judges to cringe, and causes some clients to cry. Why? Because it is a concept that has almost nothing to do with whether you did something wrong. Instead it usually has everything to do with whether you signed a contract or other legal document where an indemnity provision was lurking. “Lurking” … Read More


AB 1892: Attempting to Protect Homeowners from the Perils of Construction Defect Litigation… One Sentence at a Time

Date: February 26th, 2013 by Christopher J. Stipes No Comments

Brace yourself, for you are about to be floored by how close a groundbreaking piece of legislation came to changing the landscape of construction defect litigation forever. It nearly snuck in right under our noses. If not for Governor Brown swooping in at the last minute to veto the bill, many of us may have been facing a serious downturn … Read More