Drones are now more accessible than ever. Despite their specialized beginnings as exclusive military aircraft, drones have evolved into a staple of modern technology, influencing farming, film, and delivery services such as the eagerly awaited “Amazon Air.” They even found a successful consumer niche, becoming one of the most popular Christmas gifts of 2017. Amidst these exciting advancements, the construction … Continue reading
We are happy to announce that Bruce Lorber was honored with the prestigious West Coast Casualty Legends of an Era Award for 2018. This award recognizes his career achievements and professional success representing developers in construction litigation. His family was present to share in the ceremony and his comments shared the appreciation for the recognition as well as the individuals … Continue reading
In local San Diego news, we are proud to acknowledge that Bruce Lorber, Joyia Greenfield and Thomas Olsen have been recognized by San Diego Magazine as prominent Construction lawyers in our San Diego community.
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
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
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
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
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