McMillin Homes Constr., Inc. v. Nat’l Fire & Marine Ins. Co.

In McMillin Homes Constr., Inc. v. Nat’l Fire & Marine Ins. Co., 35 Cal. App. 5th 1042 (2019), the appellate court reversed the trial court’s judgment, finding that a subcontractor’s insurer owed a duty to defend the additional insured general contractor in a construction defect suit even though the additional insured endorsement excluded coverage for “property in the care, custody or control of the additional insured.”

McMillin Homes Construction, Inc. (“McMillin”) was the developer and general […]

By | February 23rd, 2020 ||

Do You Want to Pay your Subcontractor’s Employee’s Wages?

The simple answer is “Of course not!”.  But are you taking any precautions to make sure that it doesn’t happen to you?

How can this happen?

We’ve all heard the stories of a subcontractor that failed to pay its laborers prevailing wages on a Davis Bacon project.  Typically, the Department of Labor catches this failure to properly pay employees in an audit of the project. If the subcontractor doesn’t have the financial resources to pay its […]

By | February 19th, 2020 ||

The Concrete (Legal) Jungle

Serge Somrov purchased apartment 7A at the Bay Parkway Terrace  Condominium. After moving in Somrov replaced the floor of the terrace with Board approval.

Ten years later, Somrov was told that a leak on his terrace was causing water damage to the apartment below. Pursuant to the By-Laws Somrov was required to remove the tiles he installed as well as the cement underneath. And Bay Parkway was obligated to install waterproofing  after which Somrov could re-install […]

By | February 15th, 2020 ||