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Failure to pay a subcontractor, supplier or rental company can land the offendee in jail and lighten their wallet. Penal Code Section 484(b) provides that any person who diverts construction funds intended to pay for labor, services, materials or equipment risks fines and jail time! The Section “484b. Any person who receives money for the […]

In People v. Danny Victor Williams, 218 Cal. App. 4th 1038 (5th Dist., August 8, 2013) case, a fire protection contractor was convicted of violating Penal Code sections 386, 484(b), 487, subdivision (a), and Health and Safety Code, resulting in three felony convictions and numerous misdemeanor convictions for violating an assortment of State Fire Marshal […]

Elizabeth Post, the Executive Director of the San Fernando Valley Bar Association, wrote in her December monthly column: “Celebrating the Season of Giving! DECEMBER IS A TIME FOR giving and for celebrating, two traditions embraced by the San Fernando Valley Bar Association and Valley lawyers. Early December marks the kick off of the SFVBA’s annual […]

In the “What’s New” page on the CalTrans website, the most recent posting is from March 2010. Bonding Around Stop Notices Discontinued Effective March 2010, the Department will not honor any bonds placed by a prime contractor to prevent a stop notice. This is to enforce prompt payment to subcontractors. CalTrans procedures as to how […]

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 real estate investment strategies and real estate law issues.  The show will be airing at 1:00 p.m. today on AM 1450. For more information, here’s a link to […]

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 […]

  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 […]

Under the new Civil Code §8400, “A person that provides work authorized for a work of improvement, including, but  not limited to, the following persons, has a lien right under this chapter: (a) Direct contractor. (b) Subcontractor. (c) Material supplier. (d) Equipment lessor. (e) Laborer. (f) Design professional.” The a-f sections are restrictive and clearly […]

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 […]

We still have room for you!  Get your reservations in now! TOMORROW! December 5, 2012 from 9:00 a.m. to 1:30 p.m. Paradise Pier Hotel, 1717 South Disneyland Drive, Anaheim This seminar, taught by the book’s author and construction attorney Robert A. Weissman and his construction paralegal, co-author and co-seminar instructor for 17 years, Susan Shaffner, […]