Construction subcontracts frequently contain a “pay if paid” or a “pay when paid” provision. According to the terms of a “pay if paid” provision, the general contractor is not required to pay the subcontractor...
Category: Construction Litigation Blog
The California Labor Commission is taking a hard stance on what it calls “wage theft” by general contractors working on public projects. In some of the cases noted by the Commission, the violations were egregious and...
Design Professionals’ Duties To Third Party Purchasers and Homeowners Associations Expanded
May 10, 2013
It used to be pretty simple. A design professional, such as an architect, had very limited duties to a third party purchaser of a home or a homeowners association (HOA). However, following a recent California appellate...
Basically, bid shopping is the use of the low bid already received by a contractor to pressure other subcontractors into submitting even lower bids. Bid peddling, on the other hand, is an attempt by a subcontractor to...
The largest gaming club in the state of California is the Pechanga Resort and Casino in Temecula, with more than 3,000 slot machines and approximately 200,000 square feet of gaming space. Other famous gaming operations in...
When to Claim the Miller Act Bond
December 4, 2012
Although there are remedies to collect what is owed on a private or public works project, when a party is not paid after providing work to a federal project, it only has the right to file a claim against the payment or...
What happens if a general contractor hires an independent contractor to perform dangerous work and one of the contractor’s workers is injured on the job? Is the general contractor liable for the worker’s injuries? In...
Mechanics Lien Extension
September 13, 2012
If you’ve attended a Cummins & White’s construction seminar or listened to one of its webinars recently, you are well aware that after the recording of your mechanics lien, you have ninety (90) days in which to...
