James Denison
E-Mail: jdenison@cwlawyers.com
When Does Insurance Cover Faulty Workmanship?
Usually, commercial general liability (“CGL”) policies do not cover a contractor for property damage due to the contractor’s own faulty workmanship. As one California court summarized: “Generally liability policies … are not designed to provide contractors … with coverage against claims their work is inferior or defective…. Rather liability coverage comes into play when the [...]
Do I Get a Second Chance Under California’s New Mechanics Lien Law?
Under California’s existing mechanic’s lien laws, a contractor must record a claim of lien either (i) within 90 days of the completion of work or (ii) within certain specified days after the owner records a notice of completion or cessation (60 days for direct contractors, 30 days for all others). The contractor then has another [...]
Reading the Tea Leaves on California Supreme Court’s Upcoming Meal and Rest Break Decision
California employers’ policies regarding when workers take meal and rest breaks have been the subject of much litigation affecting many industries, including the construction industry. Regardless of whether an employer took measures to make meal and rest breaks available to employees, plaintiffs’ lawyers argued that the employer did not go far enough – that the [...]
Beyond the Scope — Introduction to Construction Litigation Blog
In less than one year, the current mechanic’s lien laws that provided contractors and materialmen remedies in California for the past 100-plus years will undergo the biggest overhaul since the 1870s. And new legal minefields will continue to crop up due to the courts’ interpretations of the state’s licensing scheme and other statutes.
