Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:
Posted by GibbsGiden Under California Law
- Aas v. Superior Court (2000) 24 Cal. 4th 627 – economic loss rule
- Amelco Electric v. City of Thousand Oaks ( (2002) 27 Cal. 4th 228 – abandonment does not apply to public works – total cost theory is allowed
- Beacon Residential Community Association v. Skidmore, Owings & Merrill (2014) 59 Cal. 4th 568 – architect liable in absence of privity
- Cates Const., Inc. v. Talbot Partners (1999) 21 Cal.4th 28 – no tort recovery on bonds – performance bonds can cover contract warranties
- Condon-Johnson & Associates, Inc. v. Sacramento Municipal Utility Dist., 149 Cal. App. 4th 1384 – liability for concealed conditions
- Connolly Development, Inc. v. Superior Court of Merced County (1976) 17 Cal. 3d 803 – mechanic lien remedy is constitutional
- Crawford v. Weather Shield Mfg. (2008) 44 Cal. 4th 541 – indemnity implies obligation to defend [now limited to commercial contracts under CCP 2782 (c)–(h)]
- Drennan v. Star Paving Co. (1958) 51 Cal. 2d 409 – subcontractor held liable to contractor for mistaken bid
- Erlich v. Menezes (1999) 21 Cal. 4th 543 – limitation on recovery for emotional distress arising from defective work
- Fassberg Construction Co. v. Housing Authority of City of Los Angeles (2007) 152 Cal. App. 4th 720 –contractor’s unpaid invoices are not false claims
- Hydrotech Systems v. Oasis Water Park (1991) 52 Cal. 3d 988 – unlicensed contractor may not sue for fraud
- J’Aire v. Gregory (1979) 24 Cal. 3d 799 – liability to third parties in absence of privity
- Jimenez v. Superior Court (2002) 29 Cal 4th 472- component manufacturers and suppliers held strictly liable
- Lantsy v. Centex (2003) 31 Cal. 4th 363 – CCP 337.15 ten year statute of repose not subject to equitable tolling, but is subject to equitable estopple.
- Los Angeles Unified Sch. Dist. v. Great Am. Ins. Co. (2010) 49 Cal. 4th 739 – contractor may recover based upon owner’s concealment of facts
- Lusardi Construction Co. v. Aubry (1992) 1 Cal. 4th 976 – contrary to owner’s representation, contractor must pay prevailing wages
- McMillen Albany v. Superior Court (2018) 4 Cal.5th 228 – common law claims are subject to statutory prelitigation procedures under Right to Repair Act.
- Markborough California, Inc. v Superior Court (1991) 227 Cal. App. 3d 705 – enforceability of limitation of liability provisions
- M.W. Erectors, Inc. Niederhauser Ornamental (2005) 36 Cal. 4th 412 – contractors barred from recovery for work while not licensed
- Pinnacle Museum Tower Ass’n. v Pinnacle Market Dev. (2012) 55 Cal.4th 223 – federal arbitration act prevails over CA statutory limitation on arbitration
- Presley Holmes v. American State (2001) 90 Cal App. 4th 571 – duty to defend additional insureds
- Privette V. Superior Court (1993) 5 Cal.4th 689 – limitation on rights of injured workers to sue owner or general contractor
- Scott Co. v. Blount, Inc. (1999) 20 Cal. 4th 1103 – cost shifting – prevailing party
- Stearman v. Centex Homes (2000) 781 Cal. 4th 611 – strict liability for damage to caused by a component part – recovery of investigation costs as cost of repairs
- Wm. R. Clarke v. Safeco (1997) 15 Cal. 4th 882 – paid if paid clause invalid
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Theodore L. Senet is a partner of the firm. Since joining the firm, Mr. Senet’s areas of practice have been insurance, construction, environmental, and real property law. Mr. Senet has been involved in planning and construction of major projects, including high rise buildings, hospitals, airports, roadways, pipelines, power plants, refineries, and major commercial and residential developments. He currently represents private and public entities in project planning, insurance coverage disputes, complex construction defect and environmental litigation, construction delay claims, and class action litigation.
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