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Construction and Public Contracts


  • By now every construction professional has been inundated with articles regarding the impacts of COVID-19 on the construction industry. The sheer volume of information is overwhelming and changes by the hour. This article is intended to summarize key issues affecting construction professionals and serve as a general road map for navigating the crisis.   1.    Determine Project Status The first consideration is whether the construction projects at issue are allowed to proceed given “shelter in place” and related orders. Generally speaking, Governor Newsom has deemed construction to be essential and, therefore, exempt from California’s “Safer at Home” order. There is some debate as to […]

  •   You can find the full transcript and slides here.  For more information contact: Christopher E. Ng Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, California 90067 Phone: (310) 734-3367 email: cng@gibbsgiden.com The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the […]

  • You can find the full transcript and slides here. For more information contact: Christopher E. Ng Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, California 90067 Phone: (310) 734-3367 email: cng@gibbsgiden.com The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the content […]

  • Levelset collected advice from leading construction law attorneys. Gibbs Giden partner Christopher Ng suggests that “parties should get ahead of a very tangled legal situation NOW.”  Read 8 Construction Lawyers Give Scary Advice for Contractors to Survive Coronavirus here. This content does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This may not be reproduced or used in whole or in part without the written consent of Levelset and the firm. For more information contact: Christopher E. Ng Phone: (310) 552-3400 email: cng@gibbsgiden.com  For specific questions about any of the […]

  • Public Contract Code section 5110 provides a very narrow exception to the general rule that a contractor cannot recover costs of work performed if a construction contract with a public entity is invalidated. More specifically, subsection (a) provides that if a public contract “is later determined to be invalid due to a defect or defects in the competitive bidding process caused solely by the public entity,” the contractor may recover its reasonable costs, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor prior to the determination that the contract is invalid. In a recent Court […]

  •   de la Carriere v. Greene, 39 Cal. App. 5th 270 (Cal. Ct. App. 2019). Date of Opinion: August 28, 2019   California Court of Appeal held that, under California Civil Code §1717, there may only be one prevailing party entitled to attorney fees on a given contract in a given lawsuit. An “action on a contract” refers to the entire lawsuit. When Party A prevails at trial, Party B’s subsequent success on appeal does not make Party B the prevailing party when it does not affect the trial determination. Facts and Procedural History As part of an agreement for […]

  • Make Sure The General Release Language In Your Settlement Agreement Is Current. As of January 1, 2019, Senate Bill No. 1431 (“SB 1431”) amended California Civil Code Section 1542 as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Previously Section 1542 read as follows: “A general release does not extend to claims which the creditor or releasing party does not know or […]

  • On all subcontracts entered into after January 1, 2018, direct contractors (such as general contractors, home-builders, and builders/developers) could become liable for unpaid wages of employees of subcontractors on private projects under the new California Labor Code § 218.7 (AB1701). This could also impact subcontractors who are liable to direct contractors for sub-subcontractors who fail to pay their employees. Although the new law allows direct contractors to request payroll information from subcontractors, direct contractors could get stuck paying twice for work if the subcontractor’s information is inaccurate, false, or incomplete. Therefore, the only certain way for direct contractors to avoid […]

  • If you are a specialty trade contractor, material supplier or other potential lien or bond claimant, you’ve undoubtedly faced this dilemma: “The customer will only release payment if we give them an unconditional waiver and release. Everyone does it!” From a purely legal perspective and without taking into account business considerations, giving an unconditional waiver until you verify clearance of the payment is a very bad idea. There is a reason that most states (including California) offer an alternative: the conditional waiver. The conditional waiver and release upon final payment is the most underutilized of the 4 statutory release forms in California. It exists, however, […]