San Francisco Construction Litigation Lawyer Wolff Law Office HomeLegal Articles
1. Private Construction Projects
- Possible Ways to Avoid Binding Arbitration of Some Construction or Mechanics Lien Disputes in California
- Are H&S Code Section 19851 Restrictions on the Copying of Construction Drawings and Plans on File With Local Building Departments Invalid Under Federal Copyright Law?
- Right to Repair Act, SB800, Civil Code § 895 TimeLine and DeadLines for Filing Claims or Lawsuit for Substandard Construction
- Statutes of Limitation on Claims for Construction Defects Under the "Right to Repair Act", or for Contractor Negligence, for Breach of Contract, or for Fraud or Wilful Misconduct
- Construction Contractor may not Charge for Work Done by its Unlicensed Subcontractor, and Must Refund to Owner Payments it Received for Work Done by its Unlicensed Subcontractor
- Are Payment Bonds, a Construction Security Escrow Account, Irrevocable Letters of Credit, or Other Financial Security for Payments to Prime Contractors Required to Be Posted by Owners of Private Construction Projects in California?
- Can Building Contractors Whose Contractor’s License Has Been Suspended or Revoked Legally Work in the Construction Business, or Get Their Construction Contractors Licenses Reinstated?
- Legal Requirements and Concerns For “Home Improvement” Residential Construction or Remodeling Contracts in California.
- When is a Landscaper or Garden Designer Required to be Licensed as a “Landscape Architect” in California
- Common Limiting Endorsements or Exclusions from Contractor’s Liability Insurance Policies
- Pursuing Claims against Contractors who file Bankruptcy
- How Should Contractors Respond to Letters from or Investigations by the California Contractors State License Board?
- Do “Construction Managers“ Need to Be Licensed Under California Law?
- Deadlines and Procedures for Recording, Perfecting and Enforcing a Mechanics Lien on Private Property in California
- When May Unlicensed Construction Workers Sue a Contractor or a Property Owner, or Sue a Property Owner in California to Enforce a Mechanics Lien, to Recover their Agreed or Statutorily Required Wages for Construction Work?
- Who is an “Employee”, and Who May Be Hired, Paid and Treated as an “Independent Contractor” or a “Subcontractor”, Under Labor Code § 2750.5 and California Contractors License Statutes
- New Additional Speciality Contractor’s License May Be Required. To Perform Asbestos Abatement or Removal Work Under California Law.
- AIA Form Construction Contract Terms May Limit Time for Suits by Owners Against Prime Contractors for Construction Defects
- The “Litigation Privilege”, and the Possible Recovery of Damages In a Suit for Disparagement or Slander of Title to Real Estate Due to the Wrongful Recording of a Mechanics Lien Under California Law
- Required Written Notice to Consumers of Their “3-Day Right To Cancel” Certain Residential or Home Improvement Contracts, Remodeling Contracts and Home Solicitation Contracts Under California Consumer and Construction Laws
- California Laws On Conditional And Unconditional Progress Payment And Final Payment Statutory Mechanics Lien Release Forms
- Architectural Design Contracts, Disputes with Architects, California Design Professional Liens, Mechanics Liens, and Architectural Copyright Law
- California Contractors' Licensing Requirements, And The Adverse Effects To Contractors From The Failure To Be "Duly Licensed" As Required By The California Contractor's State License Law
- How To Record Mechanics Liens, And How To Perfect And Enforce Mechanics Liens Under California Law
- California Laws And Requirements For Home Improvement Contracts, Remodeling Contracts, Swimming Pool Contracts, And Other Private Construction Contracts
- 20 Day Or Preliminary Notice Requirements And Laws On California Construction Projects
- What Amounts May be Included or Claimed in a Mechanics Lien under California Law
- How To Use Conditional And Unconditional Mechanics Lien Release Forms Under California Law
- Calculation of the Amount of and What Costs May be Included in a Mechanics Lien under California Laws
2. Public Works and Government Contracts
- How to Effectively Use a Bid Protest or Public Contracts Attorney in Disputes Over California Government Contract Competitive Bids, and Requests for Proposals
- Bid Protests for Failure to List Subcontractors on a California Public Works Construction Contract
- Pre-Bid Bid Protests vs. Post-Bid and Post-Award Bid Protests on California Public Contracts
- State and Federal False Claims Acts
- Disadvantaged Business Enterprise Requirements on Federally Funded Transportation Projects
- The California Constitution Gives Contractors, Subcontractors and Material Suppliers Constitutional Rights to Record Mechanics Liens and to Serve Public Works Stop Payment Notices.
- “Disadvantaged Business Enterprise” (“DBE”) Participation Requirements on Federally Funded Transportation Construction Projects, and Pitfalls for and Possible Liabilities of Prime Contractors for Failing to Comply with the DBE Regulations in 49 C.F.R. Part 26.
- United States Court of Appeals Upholds Federal DBE Minority Participation Goals on Most Caltrans Public Works Projects in California
- Evaluate Your Possible Exposure to False Claims Act Liability, Whistleblower Lawsuits, Penalties and Treble Damages on Government Contracts and Public Works Contracts Under California Law
- Certification of Disabled Veteran Business Enterprises (“DVBE”) and DVBE Public Contract Participation Goals under California Government Contract Law
- Legal Requirements For Serving And Perfecting Stop Notice Claims By Subcontractors On A Public Works Construction Job Under California Law
- Deadlines For Filing And Perfecting Payment Bond Claims By Subcontractors On Public Construction Jobs Under California Law
- Requests For Proposals And Bid Protests On California Government Services Contracts And Public Purchasing Contracts Under California Law And Public Contract Code Sec.13044 & 10345
- Delay Claims, Extra Work Claims, Changed Conditions Claims, Unforeseen Site Condtion Claims, And Extra Cost Claims On State, County, City, And Local Public Works Projects And Government Construction Contracts Under California Law
- The Public Disclosure Bar To Qui Tam Actions Under The California False Claims Act Of 1987, And The Irrelevance Of Subsequent Federal Court Decisions Under The Federal False Claims Act Amendments Of 1986
- Federal And California False Claims Acts, And Recovery Actions By Private Whistleblowers
- Bid Protests On Government Public Works Projects In The State Of California
- Prompt Payment Laws For Progress And Retention Payments On California Private And Public Works Construction Projects
- How To Substitute Or Remove Listed Subcontractors On California Public Works Construction Projects Under The Fair Pactices Act And Related Laws
- Who Is The Owner, Construction Lender And/Or Payment Bond Surety For Purposes Of Serving, Recording And Pursuing Preliminary Notices, Mechanics Liens, Stop Notice And Payment Bond Claims Under California Law
- Timelines and Deadlines for Serving and Perfecting Stop Notice Claims by Subcontractors on a Public Works Construction Job under California Law
- Legal Requirements for Serving and Perfecting Stop Notice Claims by Subcontractors on a Public Works Construction Job under California Law
- Deadlines for Filing and Perfecting Payment Bond Claims by Subcontractors on Public Construction Jobs under California Law
- Due Process Of Law Rights Of Government Contractors Who Are Denied Work Or Public Bidding Rights Due To “De Facto Debarment“ From Federal, State Or Local Government Bidding Or Public Contracting
- Correction Of Subcontractor Listing Errors And Substitution Of Subcontractors Listed By Mistake In Bidding On A California Public Works Construction Contract, Per Public Contract Code Sec. 4107.5
3. Real Estate Law
- 'AS IS' Clauses in Real Estate Sales Contracts do not Relieve
- California Law on Disclosure Duties in Real Estate Sales, and Liability and Damages for Real Estate Fraud, Misrepresentation or Non-Disclosure of Material Facts Affecting the Value or Desirability of Real Estate
- Rescission as a Remedy to Parties Where a Business or Real Estate Contract has Been Entered Into Based on Duress, Fraud or Mistake.
- The California Builders’ “Right To Repair Act” (SB800), and Homebuyers’ Rights Against Builders and Developers for Construction Defects in New Homes.
- Homeowners are Not Limited to Repair Remedies for Construction Defects under the SB 800 “Right to Repair Act”, but May Sue for Property Damages Caused by Negligent Construction, and for Breach of Contract and Breach of Warranties.
- Court Awards Double Damages in Boundary Line Tree Dispute Between California Neighbors
- Litigation, Resolution, and Settlement of Disputes with Adjoining Neighbors and Owners of Neighboring or Adjacent Properties Under California Law
- Claims Under a Title Insurance Policy in California For Damages Caused by an Undisclosed or Unexcepted Covenant or Easement Which Clouds Title
- Property Owners’ Entitlement To Recover Attorneys Fees In Litigation With A Title Insurance Company Over Title Policy Coverage And Claims Issues
- Legal Obligations and Liabilities Of Condominium Homeowners’ Associations, Under The Davis-Sterling Law In California, For The Maintenance, Repair And Replacement Of The Common Areas Of The Condominium Property
- Construction Defect Laws, Deadlines And Statutes Of Limitations For Construction Defect Claims Against Designers, Builders, And Developers On Private Construction Work And Real Property Under California Law
4. Business Law
- May Illegal Immigrants or Persons Without a Work Permit Obtain a Construction Contractor’s License or Other Professional License in California?
- An Incomplete Compilation of Laws Governing Confidentiality or Non- Disclosure Provisions in Settlement Agreements and Contracts
- Is it Possible to Have A Valid “Dispositive” Summary Judgment or Adjudication Motion in an Arbitration Proceeding in California?
- Challenging Erroneous Superior Court Judgments and Orders in the California Courts of Appeal and Supreme Court
- What Are A Creditor's Rights And Remedies When A Debtor Fraudulently Transfers Property Or Assets To Avoid Payment Of A Debt Or Collection Of A Judgment?
- Contractor who Failed to Accurately Report Employee Wages to Its Worker’s Compensation Insurer is Sentenced to Prison.
- Procedures and Grounds for Requesting a U.S. District Court to Correct an Arbitration Award or Vacate an Arbitration Award Under the Federal Arbitration Act
- Seeking Correction by The Arbitrators of Mistakes in a Contractual Arbitration Award, Under California Law
- Responding to an Accusation from a California Public Licensing Agency In an Administrative Disciplinary Proceeding Seeking Revocation or Suspension of a Professional License
- Foreign Carbon Offsets under California’s AB 32 Cap and Trade Law for Developing Countries and Least Developed Countries.
- Creating a Partnership or Joint Venture Under California Law
- State & Federal Laws On Contractual Arbitration: State Or Federal Arbitration Law? Why? How?
- How To Limit The Arbitrary Powers Of Arbitrators, And Allow Appeal Of Arbitration Awards By The Use Of Custom Contract Provisions Under California Law
- What are the Differences Between Mediation and Arbitration?
- The Power or Jurisdiction of Arbitrators Is Limited by the Written Consent Or Agreement of the Parties as to the Scope of the Arbitration, and the Ability of Arbitrators to Determine Their Jurisdiction.
