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In a case of interest decided today the Court of Appeal ruled that California’s usury law does not apply to a judgment creditor’s agreement to forbear collecting on a judgment.   The Court concluded that a judgment creditor may, subject to whatever contract defenses the debtor may have, enforce an agreement (otherwise usurious) to delay executing […]

I’m pleased to report that I was interviewed today by Pete Asmus and Ivan Oberon on their Investing Coast to Coast radio show for Bloomberg Radio on construction and real estate law issues and real estate investment strategies. For more information, here’s a link to the website: http://c2creia.com/blog/investcoast2coast/investing-coast-2-coast-with-pete-asmus-and-ivan-oberon-009-09142013/ I’m told my interview will be uploaded […]

I’m pleased to report that I will be speaking this Saturday at the State Bar Annual Convention in San Jose, California, on Mechanics’ Lien Law.  

  A trial court improperly awarded attorney fees to Defendants who successfully petitioned to compel arbitration of the underlying dispute pursuant to an agreement which provided for arbitration of disputes between the parties and also provided for recovery of attorneys’ fees by the prevailing party in any “action” between the parties.  The Court of Appeal […]

In the case of Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc., 211 Cal. App. 4th 230 (2012), CMC Fabricators (“CMC”), a subcontractor to the prime contractor, Douglas E. Barnhart, Inc. (“Barnhart”), refused to sign a subcontract tendered by Barnhart because it contained terms inconsistent with CMC’s bid for a public work of improvement.  This […]

Construction Collection- New Book- Updated to reflect the July 1, 2012 laws and new forms.  You must use the correct new forms or potentially suffer a complete loss of your “mechanics’ lien” rights.  Timing, notice requirements and many other laws and forms have changed.  Don’t make the mistake of not complying. Our book is also […]

Our next seminar which will discuss the new laws which recently became effective July 1, 2012, as well as teach you how to complete and serve the revised and new forms, will be at Disneyland, at the Paradise Pier Hotel, on December 5, 2012, from 9:00 a.m. to 1:30 p.m.  Watch for a flyer within […]

July 1, 2012 brings a new set of laws for Preliminary Notices, Stop Payment Notices, Mechanics’ Liens, Payment Bonds.  Among these new statutes is Civil Code section 8108- mailing of notices.   This statute limits the addresses that notices such as preliminary notices, Stop Notices, bond notices and Mechanics’ Liens can be mailed to be considered […]

July 1, 2012 brings changes to the old laws relating to Preliminary Notices, Stop Notices, Payment Bonds and Mechanics’ Liens.  These changes relate to the future only and do not require claimants to re-serve or re-record notices done before June 30th. The new statutes, now found beginning with Civil Code section 8000, do not completely […]

In Eggers Industries v. Flintco, Inc., (2011) the Court found a new interpretation of who is a subcontractor and significantly altered the long standing view that a supplier to a supplier generally does not have lien rights.  In Eggers, Flintco, the prime contractor for the Robert Mondavi Institute for Wine and Food Science at UC […]