The Art Of Assigned Claims

In the context of large construction defect litigation, we are seeing more partial settlement strategies involving assignments of claims.  The most common is when the Developer/General Contractor agrees as part of a partial global settlement to assign its indemnity claims against one or more of the Non-Settling Subcontractor Cross-Defendants to the Plaintiff.  In theory, this Read More…

New CA Law Increases General Contractors’ Liability For Wage Claims

California Assembly Bill 1701 (“AB 1701”), which was signed into law on October 14, 2017, will expand potential liability of general contractors for unpaid wage claims on construction projects. California Labor Code section 218.7, created by AB 1701, will go into effect on January 1, 2018, and will apply to private construction contracts entered into Read More…

Nevada Supreme Court Clarifies Statute Of Limitations In Construction Defect Cases

Statutes of repose serve an important purpose in construction defect litigation.  In Nevada, the statutes identify the timeframe in which a homeowner may bring a Chapter 40 claim.  If a homeowner attempts to bring claims outside of the statute of repose, a developer or subcontractor can immediately seek summary judgment.  There are rarely absolutes, however, Read More…

Recent California Supreme Court Decision May Affect Discoverability Of Crawford Invoices

In the landmark decision  of Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, the Supreme Court of California held that a contractual indemnitor incurs a duty to defend its indemnitee as soon as the indemnitee tenders its defense to the indemnitor.  The decision had a significant impact on construction defect lawsuits, which typically Read More…

Nevada Appellate Case Addresses Prevailing Party Recovery Of Expert Costs

Once of the most expensive components of litigation is expert costs. In Nevada, pursuant to NRS 18.020, a prevailing party may be able to recover costs “in an action for the recovery of money or damages, where the plaintiff seeks to recover more than $2,500.” While “costs” include expert fees, a prevailing party is limited Read More…

When Contractors Aren’t Paid: The Use of Nevada’s Prompt Payment Statutes

All too often contractors working on a jobsite find themselves repeatedly seeking payment for work already performed. These workers are left feeling helpless and obligated to continue the job set forth in the agreement at the risk of not being paid. However, Nevada’s Prompt Payment Statutes provide contractors with the steps necessary to pursue payment Read More…

Appellate Court Clarifies Employers’ Third-Party Indemnity Obligations In Employee Suits

It is well established in California that, in a case involving an employee who is injured on the job, the employee’s judgment against a third party must be reduced by the amount attributable to the employer’s proportionate share of fault, up to the amount of workers’ compensation benefits paid.  However, when the employer’s share of Read More…