With the arrival of inflation come concerns regarding increases in the price of building materials within the construction industry. Contractors, … Continued
Valid Process? Unconstitutional? Invitation for Legislative Change? Various sections of the California Civil Code, beginning with section 8000, protect the … Continued
When working on federal public works construction projects there are no Stop Payment Notice or Mechanics Lien remedies available to … Continued
Any owner or general contractor who has a few projects under his or her belt has likely had this thought: “My contractor (or subcontractor) is not performing the way I expected; should I replace him?” The other side of the termination coin is: “This project is not going the way I expected; should I get out?”
While there may be an emotional high that immediately comes from terminating a contractor or subcontractor (or leaving a project, in mid-stream), there are many factors to be weighed, before making that decision.
After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
In virtually every complex construction project, the general contractor will submit a competitive bid for the work, and in doing so will rely on underlying bids from prospective subcontractors in particular trades. One of the enduring legal issues in this scenario is the justifiable reliance that a bidding general contractor places in a subcontractor’s bid. If the general uses the sub’s bid, does that automatically lock in the price stated by the subcontractor? What about the other items that may be buried within the subcontractor’s bid? A recent decision from the court of appeal sheds much needed light on these issues.
Recent years have seen an explosion of mold litigation with the publication of several multimillion dollar jury verdicts in toxic mold lawsuits. While large plaintiff’s verdicts are well publicized, defense verdicts in mold cases rarely, if ever, receive public notice. Prior to 2000, relatively few mold claims were pursued, and claims were routinely settled for nominal amounts – $5,000 or less. Since then highly publicized seven and even eight figure jury verdicts have led to a proliferation of mold litigation. U.S. insurers paid $1.3 billion in mold-related claims in 2001 and more than $3 billion in 2002¹ Medical opinion on mold related disease is evolving, and many mold injury cases are pursued without solid medical or scientific support.
It has become much easier for trade contractors and their attorneys to follow the herd and plod along in a wasteful and costly construction defect matter. Challenging the norm is all too rare in this business. However, there can be great advantages to being the pot-stirrer. Trade contractors and their attorneys (insurance retained or private) should plan out a meaningful strategy at the outset of every case, including exploring motions challenging the pleadings. The outcome, if successful, can save the trade contractor (and its insurer where applicable) tens of thousands of dollars in defense costs owed to its own attorney, the attorneys for the general contractor, the Special Master, and others who feed at the trough of the mass defect actions.