Newsroom Category: California

Apartments to Condos: Peeling the Onion of Legal & Insurance Issues for This New Breed of Cases

During the recent fluctuations in the residential housing markets across the country there have been numerous residential development projects which may have been initially operated as apartments and later converted to condominium units.  This trend will be most prevalent for the projects built around 2007 which may have initially been intended for sale but were placed on the rental market … Continue reading

The Enforceability of Contractual Accrual Dates

Brisbane Lodging, L.P. v. Webcor Builders, Inc. The Enforceability of Contractual Accrual Dates A landmark California Court of Appeals decision fundamentally changed the statute of limitations in commercial construction defect cases. Parties relying on a “delayed discovery” rule to prevent a time-bar to their claims now face greater obstacles if their AIA contract provides an agreed-upon accrual date. In a … Continue reading

The Right to Repair Does Not Depend on the Theory Pled by the Plaintiff

Elliott Homes, Inc. v. Superior Court: The Right to Repair Does Not Depend on the Theory Pled by the Plaintiff In the years following the Court of Appeal’s holding in Liberty Mutual Ins. Co. v Brookfield Crystal Cove, LLC (2013) 219 Cal.App.4th 98 (hereinafter “Liberty Mutual”), the exclusivity of the rights and standards set forth in the “Right to Repair … Continue reading

Have You Been Served?

A recently decided California Fourth Appellate District opinion holds that a subcontractor that was defaulted in a construction defect case was not entitled to relief from the default judgment.  (Pulte Homes Corporation v. Williams Mechanical, Inc. (2016) Cal.App.4th, 2016 WL 4199093.)  Pulte Homes Corporation sued Williams Mechanical (“Williams”) for breach of a plumbing contract.  At the time, Williams was either … Continue reading

Not Paid for Construction Work? The Evolution of Mechanics’ Lien Laws and the Importance of Complying with Procedure

Construction has been a high-risk industry for millenniums, requiring the enactment of construction laws that date back to the Code of Hammurabi of 1754 BC.  With regards to compensation for construction work, Law 228 of Hammurabi’s Code provided that “if a builder build a house for someone and complete it, he shall give him a fee of two shekels in … Continue reading

Lorber Greenfield & Polito ranked as a Most Recommended Law Firm in San Diego

Out of more than 2,900 law firms in San Diego, Lorber Greenfield & Polito has been ranked as one of the Most Recommended Law Firms for construction law by the “Our City San Diego” magazine.  Click here to read more.

A Costly Omission: When a Settlement Agreement is Silent Regarding the Allocation of Litigation Costs

The California Supreme Court recently held that where settling parties fail to resolve the allocation of costs in their settlement agreement, the plaintiff is the “prevailing party” and is entitled to recover litigation costs. Although DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal. 4th 1140 involved an action for alleged disability discrimination and related claims, the Court’s ruling … Continue reading

Pitfalls to Avoid When Making or Accepting Section 998 Settlement Offers

So you find yourself in the middle of what seems to be a never-ending lawsuit, wondering what might be the best way to extricate yourself, save some money, and even get the other party to pay some of your costs.  There are various ways any litigation might end:  with the judge ruling that the plaintiff has no claim (demurrer), with … Continue reading

Escape No More: “Other Insurance” Clause Unenforceable in Equitable Contribution Action

An “escape clause” within a liability insurance policy creates the illusion of coverage that is ultimately extinguished where a second primary insurance policy covers the same risk.  Historically, these escape clauses were designed to prevent the insured from multiple recoveries arising where more than one policy provided coverage for a particular loss.  Change the context of the provision’s application, and … Continue reading

Will Class Action Construction Defect Litigation Become More Acceptable in California?

In August 2015, the Fourth Appellate District reversed an Order of the Superior Court of Orange County that granted Developer’s motion to strike the class allegations of the Complaint in the case known as Chiang v. D.R. Horton Los Angeles Holding Co., Inc. The Court determined that the alleged class should be permitted to prove it had sufficient common questions … Continue reading