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All Posts By

Colin McCarthy

California Court Limits Ability of Public Owner to Withhold Contract Funds Court Opinions

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 a public entity cannot withhold contract funds from a general contractor simply due to a dispute over the original price of the…
Colin McCarthy
Colin McCarthyMay 25, 2016
Appeals Court Affirms Legality of Lease/Leaseback Delivery Method Court Opinions

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 on public works projects. Lease/Leaseback projects are built pursuant to the requirements of Education Code section17406, which authorizes school district governing boards, without…
Colin McCarthy
Colin McCarthyMay 25, 2016
New Law Cracks Down on Unlicensed Contractors legislation

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 signed Senate Bill 315 into law. SB 315 makes several key revisions to the Business and Professions Code as it pertains to licensure for…
Colin McCarthy
Colin McCarthyApril 13, 2016
Contractors Face Uphill Battle Against Design Professionals Court Opinions

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 face in pursuing engineers and other design professionals for negligent work. In Atlas-Allied, Inc. v. San Diego Community College District, et al. (D061295) (Cal.…
Colin McCarthy
Colin McCarthyAugust 29, 2014
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