California’s longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date. More specifically, the California Legislature enacted Civil Code § 2782 in 1967, and has amended its provisions several times since 2005. Consequently, parties in a construction dispute often ask, “what version of section 2782 applies, and what does it mean to my case?” We’re here to help. This historical […]

The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of statute-of-limitations rights in the prime contract. The decision begs the question of whether a general contractor’s waiver of other rights in a prime contract by the general contractor will flow through and bind a subcontractor by merely referring to the prime contract and/or […]