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California Court of Appeal Rejects Arbitration of Subcontractor’s Claim Based on Incorporation of the Prime Contract Arbitration Clause Court OpinionsNews

California Court of Appeal Rejects Arbitration of Subcontractor’s Claim Based on Incorporation of the Prime Contract Arbitration Clause

In a recent published decision, the Second District Court of Appeal has ruled that a subcontractor is not bound to arbitrate its dispute with a general contractor based solely on the existence of an arbitration clause in the prime contract.  …
Lanak & Hanna
November 21, 2021
Court Allows Public Entity to Unilaterally Remove and Replace Subcontractor Under Subcontractor Listing Law Court Opinions

Court Allows Public Entity to Unilaterally Remove and Replace Subcontractor Under Subcontractor Listing Law

The Subletting and Subcontracting Fair Practices Act, also known as the Subcontractor Listing Law, allows a direct contractor to request a substitution of a subcontractor from a public owner. The Subcontractor Listing Law, however, is silent as to whether the…
Lanak & Hanna
June 24, 2019
California High Court Finds Contractor Liable for Penalties Where Retention Withheld for Unrelated Dispute Court Opinions

California High Court Finds Contractor Liable for Penalties Where Retention Withheld for Unrelated Dispute

May a contractor withhold retention payments when there is a good faith dispute of any kind between the contractor and a subcontractor not involving the retention itself? The California Supreme Court has said no in the recently decided case of…
Natasha Buchanan
June 12, 2018

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