Publications
January 03 2013:
New Developments and Trends in Landlord-Tenant Law That Every Landlord Should Know
January 03 2013:
Will Public Entities Ever Learn Their Lesson on Burdens of Proof in Eminent Domain Proceedings?
January 03 2013:
Ninth Circuit Amends Its Opinion in Du v. AllState Ins. Co.
January 03 2013:
New Year Brings New Challenges for California Employers
November 12 2012:
“Regulations Are for the Guidance of the Commander” By General Quinlan Published in Nov. OC Lawyer
September 20 2012:
Cal. Supreme Court Repudiates the Common Law Release Rule
September 20 2012:
Cal. Supreme Court’s Pinnacle Decision Upholds Arbitration Provisions in CC&Rs
September 20 2012:
MOB Leasing Transactions: Not for the Uninitiated
September 20 2012:
State v. Continental: A Good Day For Policy Holders Facing a Long Tail Loss
August 02 2012:
Take Extra Care with the Fine Print: Liquidating Agreements are Enforceable “When Properly Drafted”
In a recent Colorado case that involved an airport runway reconstruction project and a drilling and blasting subcontractor's claim for additional costs due to differing site conditions— R. E. Monks Construction Co., LLC v.Telluride Regional Airport Authority (May 2, 2012) — the court provided a roadmap for making "pass-through claims" against government entities.
August 02 2012:
All Fall Down: Pit Fall by Independent Contractor May Be Liability for General Contractor
In a recent California case involving the intersection of construction law, personal injury law and OSHA regulations —Tverberg v. Fillner Construction, Inc. (Jan. 26, 2012) — the court ruled a general contractor could delegate its obligation to comply with government safety regulations to a subcontractor's independent contractor. However, the court also found the general contractor could potentially be held liable for its negligent exercise of affirmative retained control over safety conditions relating to the independent contractor's work
June 28 2012:
Understanding the Changes to the July 1, 2012 Mechanic’s Lien Law
June 28 2012:
Recent Case Confirms Insurer’s Obligation to Make Reasonable Settlement Offer
June 28 2012:
Builder May Compel Minor Children to Arbitration
June 28 2012:
Smartphones: The Risks of Remote Access in Your Workforce
April 17 2012:
Supreme Court’s BRINKER Decision Clarifies Meal and Rest Period Requirements
This article examines the recent Brinker decison that clarified California Industrial Welfare Commission’s wage orders and the California Labor Code that requires employers to “provide” their employees with duty-free rest periods duty-free meal periods.
April 12 2012:
The Bonded Stop Notice- A California Contractor’s Best Potential Remedy to Be Paid in This Economy
Given that a mechanic's lien may not have the teeth it used to have in years past, contractors should seriously consider serving a bonded stop notice on the project's construction lender and pursuing a claim on any undisbursed construction loan funds.
April 12 2012:
The Devastating Effects of Misclassifying Employees as Independent Contractors
While not having to pay state and federal income taxes, Social Security, Medicare, workers' compensation and unemployment costs for workers may seem attractive at first glance, the potential consequences of misclassifying employees as independent contractors can be devastating to employers-especially after California's newest attempt to crack down on employer violations.
April 12 2012:
Document Requests: The Latest Strategy to Circumvent the Right to Repair Act
Almost as soon as the California State Legislature passed a landmark reform of construction defect law by enacting Civil Code section 895, the "Right to Repair Act," homeowner attorneys began devising and testing strategies to circumvent it.
April 12 2012:
When Non-Recourse Isn’t Non-Recourse
An article discussing the result in a recent appellate court decision from Michigan, Wells Fargo Bank, NA v. Cherryland Mall Limited Partnership, et al, (Mich. App. Dec. 27, 2011).
April 01 2012:
Road Contractor’s Excavator Crushed After Blasting
Published in the April 2012 edition of Better Roads magazine, this article looks at Patterson Enterprises, Inc. v. Johnson (Feb. 24, 2012), where the Montana Supreme Court held that a road contractor and its employees assumed the risk for an excavator that was crushed as part of a blasting operation by its blasting subcontractor.
March 01 2012:
The Federal Highway Administration’s Low Bid Rejection Overturned
Published in the March 2012 edition of Better Roads magazine, this article examines a recent case, Virgin Islands Paving, Inc. v. U.S. (Jan. 31, 2012), the Federal Highway Administration (FHWA) decision to reject the low bid of an engineering contractor for a road project in the Virgin Islands was overturned by the U.S. Court of Federal Claims as arbitrary, capricious and an abuse of discretion.
February 01 2012:
Uneven Lanes: Liability for a Contractor’s Failure to Warn by Requesting Additional Safety Signs
Published in the February 2012 edition of Better Roads magazine, "Uneven Lanes" is an article discussing how a contractor's failure to warn by requesting additional safety signs resulted in liability in a recent Missouri case.
June 15 2011:
Avoiding Pitfalls to Enforce Alternative Dispute Resolution, Part 1
Avoiding Pitfalls to Enforce ADR, Part 1 – Don’t Let Your Right to Alternative Dispute Resolution (ADR) Get Lost in the Shuffle
June 15 2011:
Think Judicial Reference Agreements Are Mandatory? (Tarrant Bell Property v. Superior Court)
Think Judicial Reference Agreements Are Mandatory? In Tarrant Bell, the California Supreme Court Said “Think Again.”
June 15 2011:
A Reminder to Developers About the California E-Discovery Act
June 15 2011:
“One Day-One Trial” Now Available To Litigants
August 18 2009:
Fix-It Law: Key Appellate Victory Requires Homeowners to Follow Statute Opinion
April 22 2009:
Top Five Insurance Issues For 2009
April 22 2009:
Enforcing The Right To Repair: Three Emerging Trends
April 22 2009:
The Changing Face of Binding Arbitration
April 22 2009:
California Supreme Court Ruling Approves Contractual Risk Transfer (Crawford Ruling)
January 07 2009:
Tesla Motors v. Fisker Coachbuild Corrected Final Award
January 07 2009:
Tesla Motors v. Fisker Coachbuild Executed Judgment Confirming Arbitration Award
July 01 2008:
Jay Freedman Discusses How Green Building Brings Risk of Greenwashing in FMI Quarterly
May 30 2008:
Partner Jay Freedman Published in California Builder on Managing Risk While Building Green
May 04 2008:
Protecting Against Mechanic’s Lien Filings and Foreclosures
August 10 2007:
Enforcement of Foreign Money Judgments, 14 U.C. Davis J. Int’l L. & Pol’y 111 (2007)
June 01 2007:
Jay Freedman Published in June 2007 Builder & Developer: “When Green Goes Wrong”
December 30 2006:
Mark Himmelstein Featured in October Issue of Smart Business Magazine
November 21 2006:
Thomas Newmeyer Featured in December Issue of Smart Business Magazine
October 25 2006:
Thomas Reilly Featured in November Issue of Smart Business Magazine
August 23 2006:
Jon Janecek Featured in September Issue of Smart Business Magazine
August 09 2006:
Chuck Krolikowski Featured in July Issue of Smart Business Magazine
August 09 2006:
Jay Freedman Featured in August Issue of Smart Business Magazine
June 01 2006:
Reed Archambault Featured in June Issue of Smart Business Magazine
May 01 2006:
Tom Reilly Featured in May Issue of Smart Business Magazine
March 30 2006:
Tom Newmeyer Featured In April Issue of Smart Business Magazine
March 14 2006:
N&D Seminar: Wage and Hour, Discrimination and Harassment, Human Resources, and Leave of Absence guidelines
On April 18th, 2006, Thomas H. Reilly and Allison Martin Nelson will discuss Wage and Hour, Discrimination and Harassment, Human Resources, and Leave of Absence guidelines. This seminar is complimentary. Register immediately. Space is limited.
February 23 2006:
Partner Jay Freedman Previously Spoke at a Lorman Seminar on January 17th, 2006.
Jay Freedman spoke on the topic of "Residential Construction Defect Litigation In California." There will be another seminar on the same topic on July 13th, 2006.
February 22 2006:
Joe Ferrentino Was a Key Presenter at Mealey’s Concrete Litgation Conference
Joe Ferrentino was a key presenter at Mealey's Concrete Litigation Conference on January 25th, 2006.? The subject of his presentation was, "Overview of Concrete Defect Litigation - Learn What These Claims Are All About and Gain an Understanding of What Is Going On in the Litigation."
December 31 2003:
Real Estate Partner Jane Samson Has Been Named President Of The Orange County Forum
October 31 2003:
Real Estate Partner Jane Samson Represents Purchaser in a $98,000,000 Transaction
September 18 2003:
Greg Dillion and Shawn Cowles Speak at Construction Dispute Seminar
Mr. Dillion and Mr. Cowles were featured at Lorman's Comprehensive Guide to Resolving Construction Disputes seminar. They spoke regarding an insurers rights and obligations concerning settlement.
June 30 2003:
Sulfate Attack Claims—More Rubbish Than Rubble
This following is a rebuttal to an article by Kenneth Kasdan entitled "Sulfate Can Destory Imporperly Prepared Concrete," published in the May 2003 issue of builder and Developer.
June 30 2003:
Defense and Indemnity of Additional Insured Developers
Some of the most frequently debated issues in California construction defect actions are the obligations of an insurer to a developer.
April 30 2003:
The Key Non-Monetary Settlement Terms in the Resolution of Construction Defect Cases
