In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds Section 432.6 to the California Labor […]
If you are like many contractors, odds are that your home improvement contract (HIC) is not compliant with California law, putting you at risk for disciplinary action, voiding of the contract, and even criminal prosecution. Generally, the laws allow parties to contract how they wish. However, California HICs are an exception and California Business and […]
Many benefits exist in choosing to create a corporation or limited liability company (“LLC”) as your business entity. However, what attracts most people to these entities is the protection they afford the business owner(s) against personal liability for the business’ obligations, debts, and other liabilities. Whatever reason prompts your decision to form a corporation or […]
One of the most effective collection procedures available to subcontractors and suppliers to California Construction projects is the “stop payment notice” procedure found under California Civil Code sections 9350 – 9364. Under this procedure, the unpaid subcontractor or supplier may serve the stop payment notice on the public entity and the direct or “prime” contractor […]
It is well-established law in California that the latest date on which a mechanic’s lien may be recorded relates to the date of completion (or cessation) of the project work, or, if a Notice of Completion is recorded, to the date of the recording of that Notice. As to the earliest date a subcontractor or […]
Earlier this year, the California Air Resources Board, or CARB, started mailing out reminders to all vehicle owners who have a diesel vehicle previously registered with the DMV and having a gross vehicle weight rating (GVWR) of 14,000 pounds or more. Many vehicle owners were surprised to find that the CARB reminder only provided them […]
There are occasions when a meeting (pre-litigation) among parties to a dispute with similar and/or opposing interests can be productive. Many contracts require parties to a dispute to “meet and confer” prior to initiating a formal claim. The purposes of such a meeting may include reviewing and discussing the issue, identifying any common interests and […]
Mediation Mediation is a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable settlement agreement. During this process, a neutral third party, with no decision-making power, intervenes in the dispute to help the litigants voluntarily reach their own agreement. Through a series of […]
