Fairfield, CA
Construction and development Lawyer at Fairfield, CA
Practice Areas: Construction & Development
OUTCOME: Affirmed position
California Supreme Court held that under the State's statutory Prompt Payment laws, an owner/contractor must pay retention unless there is a good faith dispute related to the retention (adequacy of the ... construction work or a third-party payment claim such as a mechanics lien) or face statutory attorneys fees and penalties. Not any dispute merits withholding payment of retention.
OUTCOME: Affirmed position
California Court of Appeal held substitution of subcontractor on a public contract is valid if procedure used complies in substance with reasonable objective of statutory process, does not require lite ... ral compliance.
OUTCOME: Affirmed position
California Supreme Court held Proposition 35 implicitly repealed prior statutes regulating private contracting. Enables government entities to use private firms in addition to public employees for engi ... neering and design services.
OUTCOME: Reversed (rejected position)
Under ERISA attorneys fees are available to compensate work by non-attorneys such as law clerks and paralegals when such billing is customary in the relevant market and not incorporated into the attorn ... eys hourly rate
OUTCOME: Reversed (prevailed)
California Supreme Court held an independent contractor/hirer is not liable to an employee of a contractor because the hirer retained control over safety conditions at a worksite unless the hirer's exe ... rcise of retained control affirmatively contributed to the employees's injuries.
OUTCOME: Reversed (prevailed)
California Supreme Court held independent contractor/hirer is not liable for injuries/death to an independent contractor's employee based on tort of negligent hiring of the subcontractor. Workers' comp ... ensation is the exclusive remedy.
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