ATTORNEYS
Colin K. McCarthy
Principal, LEED AP BD+C
AREAS OF PRACTICE
Expert Construction Counsel, Driving Sustainable Solutions
Colin K. McCarthy is a shareholder and principal attorney Lanak & Hanna, P.C. He has been representing contractors, owners, designers, sureties and other construction professionals for twenty-five years with an emphasis in complex construction projects. He is well-versed in all forms of project delivery methods and fluent with construction plans and specifications.
Mr. McCarthy is an active member of the Construction Section of the Orange County Bar Association, and the National Bond Claims Association. He currently serves as general counsel to both the National Terrazzo and Mosaic Association and the Stucco Manufacturers Association. He has authored numerous articles related to the construction industry and currently lectures for the American Institute of Architects, Continuing Education Program. Mr. McCarthy is also an elected fellow of the Construction Lawyers Society of America.
Mr. McCarthy is a LEED Accredited Professional in Building Design and Construction and a member of the United States Green Building Council. A strong proponent of sustainable design, Mr. McCarthy served two terms as a Planning Commissioner for the City of Costa Mesa.
Professional Associations
Featured Articles
Who Bears the Responsibility for Fraudulent Wire Transfers?
In today’s world, electronic funds transfer (EFT) and wire transfers are common. But when internet scammers intercept wire ...
Are You Prepared For The Return Of Construction Tariffs?
With the return of Donald Trump to the White House, the question on construction professionals’ minds is will ...
Appeals Court Affirms Judgment Against Subcontractor For Workers Compensation Lapse And $1.55 Million In Fees
In a published decision, the Fourth District Court of Appeals has denied compensation to a subcontractor for work ...
California Appeals Court Rejects Legal Challenge to Bid Proposal for Orange County Fair
In a case of first impression, the California Court of Appeals has denied a bidder’s injunction request for ...
Court of Appeals Reverses $2.28 Million Judgment to Former Employee Who Violated Employer’s Attorney/Client Privilege
The Second District Court of Appeals has thrown out a $2.28 million award to a disgruntled employee who ...
California Supreme Court Rejects Taxpayer Protection Act
In a blow to overtaxed Californians, the State Supreme Court has blocked a forthcoming ballot measure seeking to ...
Top 5 Reasons Businesses End Up in Commercial Litigation
If you have a business, unfortunately, there is always a risk of ending up in litigation. Most disputes ...
California Supreme Court Further Scrutinizes Use of Lease-Leaseback Delivery System for School Construction
It was eight years ago that the California Court of Appeal issued its first opinion in the ongoing ...
How to Effectively Negotiate A Contract
Most Contracts Are Negotiable The first part of talking about how to negotiate a contract successfully, is starting ...
Suretyship: Why do I need a bond?
What is a Surety Bond? In order to understand why you need a bond, we have to start ...
The Increased Importance of Contract Negotiation in a Pandemic Environment
Nearly every contract is negotiable. The importance of thoroughly reviewing, understanding and negotiating contract terms cannot be understated. ...
When Must a California Contractor Pay Prevailing Wages?—The Answer is Not Always Simple
California law requires that all workers employed on public works projects must be paid the proper and legally ...
Industry Alert – Rising Construction Costs Impacting the Development and Construction Industry
A perfect storm of factors has led to unprecedented increases in construction material costs. As Americans were forced ...
Pandemic Stimulus and its Impact on School Construction
Trillions of dollars have poured into the domestic economy since the outset of the COVID-19 Pandemic*. These programs ...
Lanak & Hanna Principal Attorney Colin McCarthy Negotiates Very Favorable $16 Million Deal for General Contractor Client on Downtown Los Angeles Affordable Housing Project
Lanak & Hanna has completed a construction deal for one of its premier clients involving a $16 million ...
Top Ten Risk Management Tips for Contractors
Here is our top ten list of tips available to contractors to help minimize risk on construction projects ...
Top 10 Clauses to Consider in Contracts
As we emerge from the effects of a global pandemic that has impacted every sector of the business ...
Can a Surety be Compelled to Arbitration by an Arbitrator Rather than the Court?
Most sureties are aware depending on the language of the underlying bond, the surety can be compelled to ...
How to Withdraw a Public Works Bid
Imagine that feeling on bid day: You’ve worked hard to ensure your bid includes everything. You’ve lined-up your ...
Insurance Coverage in a Global Pandemic
In a matter of first impression, on May 22, 2020 the Paris Commercial Court in Paris, France ruled ...
Contractors and Sureties Beware – New Force Majeure Clauses in Public Works Contracting are Here
With the progression of COVID-19, public works contractors and their sureties have been focusing on the impacts of ...
Industry Alert! Court of Appeals Rules “Pay When Paid” Not a Defense for Payment Bond Surety
In a very important reported case handed down by a California Appeals Court on April 17, 2020, Crosno Construction ...
Top COVID-19 Issues Facing the Construction Industry
1. Will I be Held Responsible for Liquidated Damages for Delays Associated with Coronavirus? ...
Blockchain Technology is Coming to the Construction and Infrastructure Industry
Technology continues to drive the construction industry. From modular building, to drones, to virtual reality/5D, technological advancements are changing ...
Important New Employer Laws Go Into Effect Jan. 1
The close of the 2019 legislative year saw a flurry of new laws aimed at employers, including regarding: ...
L&H Expertise on Display Nationwide
In recent months, L&H has presented nationwide, including on the following topics: · "Legal Update and Labor ...
L&H Helps Launch the California Construction Institute
At the request of leaders in the California construction industry, L&H has helped to partner with and launch, ...
Legislature Simplifies Contractor Claims Against Public Owners
In September, Governor Brown signed legislation which expedites contractor claims against owners on public works projects ...
Conflict of Interest–Contractors Beware
Recently, we have seen an increase in legal rulings related to contractor conflict of interest in public works ...
Court Alters Bidding Landscape
In a recent Appellate Court decision, Flintco Pacific, Inc. v. TEC Management Consultants, Inc., a California court addressed ...
Appeals Court Affirms Legality of Lease/Leaseback Delivery Method
On January 23, 2015, the Second District Court of Appeal reaffirmed the use of the Lease/Leaseback delivery method ...
California Court Limits Ability of Public Owner to Withhold Contract Funds
In a major victory for both general contractors and their subcontractors, a California appellate court has ruled that ...
Court De-Certifies Opinion on Payment Bond Statute of Limitations
In September, a California Appeals Court sent shockwaves through the construction community when it ruled that a subcontractor’s ...
New Law Cracks Down on Unlicensed Contractors
Contractors advertising on Craigslist, beware. The State of California is coming after you. In September, Governor Jerry Brown ...
Contractors Face Uphill Battle Against Design Professionals
On July 30, 2014, a California Appeals Court issued an opinion which reaffirms the difficulty that general contractors ...
