Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC involved a general contractor’s attempt to obtain Additional Insured coverage from a subcontractor’s insurer for the cost of repair for the subcontractor’s faulty work. The general contractor settled claims brought against it by a property owner which was based on the improper installation of a built-up roof by the roofing … 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

Zachariah R. Tomlin

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

Wakako Uritani speaking on a panel at NCDC!

Wakako Uritani

Join Wakako Uritani, our partner in SF, at the 2nd Annual National Construction Defect Conference at the Ritz-Carlton Fort Lauderdale on November 16-19, 2016! Her panel will be discussing Alternative Dispute Resolution – What Seems to be Working.    Register here:

LGP to sponsor CLM’s Fall Education & Networking Event on October 27

LGP to sponsor CLM’s Fall Education & Networking Event on October 27 at the Hyatt Regency. Join us for an interesting panel discussion about recent Interesting California Insurance Cases and What They Really Mean.

You Say You Want A Railvolution? Sound Transit Proposing $54 Billion Dollar Public Transportation Plan

As the cooler days and cloudier skies of fall descend on the Puget Sound, two topics have captured the attention of most area residents: Washington Huskies football and the proposed $54 billion dollar expansion of the region’s light rail and public transportation system. Proposed by Sound Transit, the regional agency which plans, builds, and operates transit systems in the Puget … Continue reading

The Millennium Towers: What’s causing one of the most expensive residential skyscrapers in San Francisco to sink?

Wakako Uritani

As described in the Complaint filed by residents and unit owners of the Millennium Towers against the developer Millennium Partners I, Inc., and the Transbay Joint Powers Authority in August of 2016, the tower has allegedly sunk 16 inches as a result of defective foundation and the construction of the Transbay Transit Center.  According to the Complaint, the building has … Continue reading

Idaho Statute Allows Plaintiffs Opportunity to Recover Attorney Fees in Small Personal Injury Actions

A plaintiff who makes a claim for damages of $25,000 or less in a personal injury action in Idaho can take advantage of a fee-shifting statute which will allow the plaintiff to recover her fees at arbitration or trial.  In order to limit plaintiff’s ability to use this statute, it is important that a defendant receiving such a claim respond … 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

LGP Joins SDDL to Support the Fight Against Juvenile Diabetes

Lorber Greenfield & Polito is proud to support the fight against juvenile diabetes on behalf of the San Diego Defense Lawyers at their annual golf tournament on September 9th. – Thomas F. Olsen For more information visit SDDL’s website: