If you work in construction, your chances of suffering an accident are high, particularly in comparison with other industries. Of the 5,190 workers killed while on the job in 2017, 21.1% were in construction. Many more workers are hurt each day. If you are injured in a construction accident, you have options, but you will […]
Judicial Admission Made In Unverified Complaint Against General Contractor.
This is the scenario: A homeowner sued a general contractor, alleging shoddy work. In his unverified complaint, the homeowner alleged the contractor was licensed at all times. The general contractor responded with a cross-complaint for unpaid work. A local rule required plaintiff to identify all controverted issues, and plaintiff did not identify licensure as a […]
Duty Of Care Extends To Architects.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
All About Mechanics Liens
In this video, Construction Law Attorney, Mark Mellor, talks about the Mechanics Liens.
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
A Case Where A Contractor’s License Was Not Required.
The project is the ICE [U.S. Immigration and Customs Enforcement] perimeter fence in El Centro. The prime government contractor brought in a subcontractor, and the subcontractor brought in a sub-subcontractor. The sub-subcontractor received only partial payment and the subcontractor was fired. The sub-subcontractor filed a complaint invoking its rights under 40 U.S.C. § 3131-3134 [Miller […]
Homeowners Association Meetings Fall Outside The Scope Of Official Meetings Within The Meaning Of The Anti-SLAPP Statute.
The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Although Outdated, Information Provided By Seller’s Broker Was Not Inaccurate.
The seller’s broker posted the following about a commercial parcel: “This parcel is in an earthquake study zone but has had a Fault Hazard Investigation completed and has been declared buildable by the investigating licensed geologist. Report available for serious buyers.” The report, however, was prepared in 1982, and it was posted in 2006 when […]
Permit Condition Removed Because No Subdivision Of Land Involved.
A city’s municipal code states no grading permit shall be issued for a hillside site larger than 60,000 square feet unless a “tentative tract map” has been approved by a city planner. Here, a property owner sought a permit for construction of a three-residence family compound over hillside lots totaling 85,000 square feet. The trial […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]