New Laws & Legislation

Entry of Judgment Pursuant to Terms of Stipulation for Settlement

Entry of Judgment Pursuant to Terms of Stipulation for Settlement – Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7

Date: May 15th, 2015 by Grant R. Mullen No Comments

You have worked very hard to get a case ready for settlement or trial and the parties are now ready to settle the case in its entirety. You, the parties and counsel have spent hours hammering the general terms of the settlement out and you want to put the terms on the record or in writing quickly, so the settlement … Read More

Reforms to Construction Defect Litigation Signed Into Law in Nevada

Reforms to Construction Defect Litigation Signed Into Law in Nevada

Date: March 3rd, 2015 by Robert L. Thompson No Comments

On February 25, 2015, Governor Sandoval signed into law Assembly Bill 125 which significantly reforms Nevada’s construction defect law statute, also known as “Chapter 40.” The reforms to the statute have been an ongoing issue in previous legislative sessions over the past 10 years and will have a significant effect on subsequent construction defect litigation in Nevada.

Originally, the purpose … 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


Offers of Judgment in Construction Defect Cases in Nevada

Date: March 25th, 2014 by Kring Chung No Comments

Offers of Judgment in Nevada are governed by Nevada Revised Statute 17.115 and Nevada Rule of Civil Procedure 68. At any time, up to ten days before trial, any party may serve on one or more of the parties, a written offer to allow judgment to be taken in accordance with the terms and conditions of the offer. The opposing … 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


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


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


Can an Intervening Insurance Company Sue for Breach of Contract?

Date: January 10th, 2013 by Michelle L. Wiederhold No Comments

A recent case questioned the legal basis for an intervening insurance company, on behalf of its suspended developer insured, to directly sue subcontractors for various causes of action including: indemnity, breach of warranty, declaratory relief, negligence, and most notably breach of contract for failure to obtain additional insured endorsements and duty to defend. In the case, the insurance company is … Read More


Court of Appeals Weighs in on Contribution Actions Between Insurance Carriers in Construction Defect Actions

Date: November 28th, 2012 by Paul T. McBride No Comments

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. This decision potentially sounds a very ominous note for both subcontractors and their carriers as it makes clear … Read More


Using ASTM Standard E2128-12 to Defend Window Leak Claims

Date: November 2nd, 2012 by Paul T. McBride No Comments

Consider two typical scenarios in construction defect litigation:

Scenario A: In a 35-home construction defect lawsuit arising from a large project in Sacramento, plaintiffs’ expert picks six windows at six separate homes for spray testing. Our insured is the stucco subcontractor. Our expert attends plaintiffs’ testing. Our expert reports that none of the windows selected for testing showed any evidence … Read More