For folks in the construction industry, a mechanics lien is one of the most valuable tools for getting paid. Every state has mechanics lien laws that protect construction professionals facing nonpayment by granting them the right to file a lien.   A construction business’s lien rights depend on their ability to follow their state’s mechanics lien requirements. These include deadlines and important steps like sending preliminary notices and notices of intent. Though this process can look different depending on what state you’re in, the importance of lien rights in securing your business is universal.  Webinar: Construction lawyer explains how to resolve payment disputes With this in […]

  January 2021 Workplace harassment continues to be a significant problem for employers and employees in California. A recent study showed that women and men in California are subjected to sexual harassment at a rate higher than the national average.[1]  That same study found that more than 86% of women and 53% of men in California have experienced some form of sexual harassment or assault. Employees are challenging sexual harassment through administrative agencies, such as the Department of Fair Employment and Housing (“DFEH”) and through civil lawsuits. In 2019, the DFEH received 22,584 complaints. Of these, over 7,000 concerned claims […]

January 2021 Employers big and small benefit from having detailed, updated handbooks.  Handbooks are a great way to communicate internal and mandatory policies. They can help employees find answers to many employment related questions. Handbooks can also help employers protect or defend against liability.  Mandatory Policies California mandates that employers develop and distribute certain policies to their employees. For example, employers must have written policies concerning discrimination, harassment, and retaliation prevention.  A handbook is an efficient way to distribute these policies and helps protect the employer if discrimination, harassment, or retaliation claims arise.  At-Will Employment A handbook is an effective […]

  December 2020 Out of state businesses with out of state employees may now be subject to California labor requirements under the recently published case Gulf Offshore Logistics, LLC v. The Superior Court of Ventura County. In Gulf Offshore, the Court held that employees were entitled to protections under California law because they performed all or most of their work in California, despite living outside of California and working for a Louisiana based company. The defendant company in Gulf Offshore was headquartered in Louisiana. The plaintiffs Gulf Offshore were “crew members on a vessel that provided maintenance services to offshore […]

December 2020 Changes to Home Improvement Contract Requirements in Effect January 1, 2021: New “5-Day Right to Cancel” Requirement for Contracts with Senior Citizens, New Construction Categories Added to “Home Improvement” Type Work and New License Classification for Residential Remodeling Contractors. As most contractors are aware, contracts for home improvement work must comply with unique requirements set forth in the Business and Professions Code (“BPC”).[1] BPC section 7159 identifies the requirements for home improvement contracts exceeding $500. Right to Cancel Home Improvement Contracts Extended for Individuals 65 Years of Age or Older from Three to Five Business Days. The changes […]

For the second year in a row, Gibbs Giden Locher Turner Senet & Wittbrodt LLP, was named in the LA Business Journal’s 2020 Most Law Admired Firms. “It’s truly a credit to the firm to be named to this list that includes many of the major law firms in Los Angeles,” current Managing Partner and Pepperdine Professor Chris Ng (JD ’01) said. In addition to Chris, Gibbs Giden boasts a bevy of Waves in their ranks: the firm has a grand total of sixteen practicing attorneys, one law clerk, and the head of marketing who all hail from Pepperdine Caruso […]

December 2020 LICENSED TO CONTRACT: A Reminder About Licensing Pitfalls for Contractors and How to Avoid Them James Bond, a.k.a. 007, was famously licensed to kill.  Without this license, Mr. Bond would have been in serious trouble with the authorities.  The same is true for a contractor. By performing construction work without a valid contractor’s license, a contractor is playing a very dangerous game and could lose it all.   It is well known that all contractors in California must be licensed by the Contractors’ State License Board (CSLB).  If a contractor is unlicensed at any point while performing construction […]

December 2020 One-Year Statute of Limitations Held to Apply to Disgorgement Under California Business & Professions Code § 7031 A recent decision by the Court of Appeal for the Second Appellate District should draw the attention of contractors (as well as project owners and developers) statewide.  In Eisenberg Village etc. v. Suffolk Construction Co., Inc. (2020) 53 Cal. App. 5th 1201, the Court of Appeal ruled that the disgorgement remedy provided in Business & Professions Code § 7031(b) is a penalty and therefore subject to a one-year statute of limitations pursuant to Code of Civil Procedure § 340(a).  The Court […]

Matthew Ma talks about real estate investing from a legal perspective with partner Jeff Love.  Watch here.  For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords and tenants throughout the West Coast. Mr. Love has extensive experience drafting, negotiating, and reviewing real estate loan documents, including originations, modifications, note purchase agreements and […]

  November 2020 Despite being a single sentence, Business and Professions Code § 16600 establishes substantial rights for employees to freely work in the profession of their choosing.  Section 16600 says in its entirety: “Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”  Section 16600 makes most non-compete agreement unenforceable in California. Understandably, section 16600 frustrates employers who have spent time and expense training employees only to see those employees freely leave to work for the competition. While employers […]