Colin K. McCarthy

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 performed on a public works project due to its workers compensation policy lapsing, even though it was retroactively reinstated due to carrier…

Colin McCarthySeptember 5, 2024

News legislation

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 violation of Public Contract Code Section 10339 relating to Requests for Proposals on State property in Talley Amusements, Inc. v. The 32nd…

Colin McCarthyJune 25, 2024

healthcare News Employment Law

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 was fired after he disclosed confidential, attorney/client privileged information of his employer in Flanigan v. Rheumatology Diagnostics Laboratory, B318831. The employee, Matthew…

Colin McCarthyJune 22, 2024

News legislation

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 require voter approval before the State can institute further tax increases. Voter approval of tax increases has always been a hot-button issue…

Colin McCarthyJune 21, 2024

Litigation News

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 don't make it that far, and are settled before leading to court. However, there are some times when that doesn't work out,…

Colin McCarthyNovember 9, 2023

News

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 saga between a disgruntled public works contractor and the Fresno Unified School District over the lease-leaseback delivery system. The case continues today. …

Colin McCarthyMay 23, 2023

Construction Contracts News

How to Effectively Negotiate A Contract

Most Contracts Are Negotiable The first part of talking about how to negotiate a contract successfully, is starting with the basic premise that nearly all contracts are negotiable. In the construction world, typically contracts that would not be negotiable would…

Colin McCarthyApril 4, 2023

News construction law

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 with what is a bond. Bonds are essentially a product, similar to a guarantee that helps to transfer risk and mitigate risk…

Colin McCarthyJanuary 27, 2023

Construction Contracts Case Studies

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. However, the importance of contract negotiation has taken on an increased role in our current pandemic environment. The pandemic period has seen…

Colin McCarthyJuly 30, 2021

News Case Studies

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 correct prevailing wage, as determined by the Director of the Department of Industrial Relations (DIR) and according to the type of work…

Colin McCarthyJune 28, 2021

Colin McCarthy