The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues
It is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor […]
How to Properly Fill Out and Use the Unconditional Waiver and Release on Final Payment Form Used in California Construction
This is the fourth article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys […]
How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction
This is the third article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys […]
How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction
This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys […]
How to Properly Fill Out and Use the Conditional Waiver and Release on Progress Payment Form Used in California Construction
This is the first article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys […]
New Legislation Requires Changes to your California Home Improvement Contract for 2026
California Business and Professions Code 7159, first enacted in 2004, was intended as a consumer protection measure to protect homeowners hiring contractors for home improvement work. The legislation sought to meet this laudable goal by dictating the terms to be used in home improvement contracts. covering everything from mandatory contractual language, lists of documents to […]
California’s New Private Works Change Order Fair Payment Act
Beginning on January 1, 2026, Civil Code sections 8850 and 8851 are added to the California Civil Code. These new Civil Code sections, known as the “Private Works Change Order Fair Payment Act,” provide procedures for contractors and subcontractors to follow in dealing with disputed change orders on private works construction projects under contracts entered […]
Protecting Yourself From Building Materials Price Increases in Construction Due to Tariffs – Three Options
With the looming possibility of tariffs causing sudden and significant increases in the prices of building materials within the construction industry, contractors, subcontractors and others who contract to perform construction work can suffer significant losses. This is particularly true when the prices they must pay for materials rise significantly between the time they sign a […]
