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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Your inbox has likely been full of messages in the past few weeks informing you that California Senate Bill 61 (Cortese) was recently signed into law by the Governor of California on July 14, 2025, which limits the amount of retention that can be withheld on private works of improvement to five percent (5%). You […]
