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Court Opinions

Court of Appeals Distinguishes “Design” from “Performance” Specs

The Court of Appeals for the 5th District examined the difference between "design" and"performance" specifications in connection with a project at the University of California, Merced. Berkeley Cement, Inc.was awarded the low bid for the structural concrete work on the…

Lanak & HannaFebruary 22, 2019

legal-terms-laws

Largest Wage Theft Violation in California Leads to $12 Million Fine

The Labor Commissioner’s Office has cited a Southern California subcontractor for nearly $12 million in wage theft violations that left more than a thousand workers waiting weeks or months to be paid, only to receive a portion of what they…

Frank LanakFebruary 22, 2019

legal-terms-laws News

Writ of Attachment, The Litigator’s Sword

How do you tie up the defendant’s assets and secure your right to payment before you actually get your judgment? If you are owed more than $500.00 and your right to payment is based on a contract the answer is…

Michael MurrayFebruary 4, 2019

Business Transaction Law

Release Bonds: What Are They Good For?

By California statute, those who provide labor, services, equipment, and materials to a construction project are entitled to record a mechanic's lien or serve a stop payment notice. A mechanic's lien affects the owner by "attaching" to the real property…

Lanak & HannaDecember 20, 2018

Business Transaction Law

Succession Planning: Is Your Business Prepared for a Smooth Transition?

By some estimates, family-owned businesses employ 60% of the U.S. workforce and create more than 70% of all new jobs. However, only 30% of family owned business last to the second generation of ownership, and only 12% last to the…

Lanak & HannaDecember 20, 2018

Court Opinions

California Supreme Court Helps Yelp: What to do about Negative Online Reviews

The California Supreme Court recently ruled online forums such as Yelp are not legally required to remove negative posts, even if they are found to be defamatory. The case (available here) involved a law firm whose former client published a…

Mac CabalAugust 27, 2018

Business Transaction Law legal-terms-laws

Don’t Fall Behind: Maintaining Corporate Formalities

Many small business owners are well aware of the importance and benefits of incorporation. If properly formed and operated, a corporation shields its shareholders from personal liability. A corporation is also treated separately for purposes of taxation, either providing that the corporation…

James MillaneAugust 27, 2018

Court Opinions

Supreme Court Weighs in on Employee vs. Independent Contractor Debate

In an April 30, 2018 decision by the California Supreme Court, dealing with the issue of whether a delivery drivers' class should be decertified, the Court addressed with the factors that should be applied to determine if a worker was…

Frank LanakJune 12, 2018

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 BuchananJune 12, 2018

Business Transaction Law Construction Law

Keys to Getting Paid on Extras Claims: Documentation

Rarely is there a project that does not involve extra work. Whether it be directed by the owner or prime contractor, or arising out of changed conditions, extra work occurs on nearly every project. Generally, contractors are concerned with performing the…

Lanak & HannaMarch 29, 2018

News & Information

Court of Appeals Distinguishes “Design” from “Performance” Specs

Largest Wage Theft Violation in California Leads to $12 Million Fine

Writ of Attachment, The Litigator’s Sword

Release Bonds: What Are They Good For?

Succession Planning: Is Your Business Prepared for a Smooth Transition?

California Supreme Court Helps Yelp: What to do about Negative Online Reviews

Don’t Fall Behind: Maintaining Corporate Formalities

Supreme Court Weighs in on Employee vs. Independent Contractor Debate

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

Keys to Getting Paid on Extras Claims: Documentation

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