The legislature has passed several bills promoting additional housing loosening up restrictions on building Accessory Dwelling Units (ADU’s). Until 2025, new for January 2020, Senate Bill 13 adds Government Code §65852.2, and removes Health and Safety Code 17980.12...
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Construction
Mechanic’s Lien Problems with Multiple Contracts (Civil Code §8186)
Multiple contracts invoke Civil Code §8186 (former§3117) which can be fatal to mechanic’s lien claims. Section 8186 provides when projects are built pursuant to more than one “direct” contract, with each contract covering a particular portion of the work, the owner...
General Contractors Now Liable for Sub Contractors’s failure to pay Subs’ employees! Labor Code 218.7
New Labor Code Section 218.17 (AB 1701) makes a general contractor jointly liable for the unpaid wages, fringe benefits, or other benefit payments or contributions of a subcontractor (at any tier). Labor Code 218.7 provides “down-the-chain protection” to a...
Cases holding General Contractor and Developer Liable (“Anti Privette Doctrine”)
Privette is alive and well, but an injured sub-contractor’s employee can argue the following to try to hold the general contractor or property owner liable. These are for very bad general contractors and property owners who deserve to be nailed.Contractual safety...
Cases helping General Contractors, Developers and Property Owners to avoid liability for injuries to subcontractors
Some strong cases extending the 1993 “Privette doctrine”, Privette v. Superior Court (1993) 5 Cal.4th 689, holding that if an independent contractor’s employee is injured on the job and subject to workers’ compensation coverage, he cannot seek recovery of tort...
General Contractor’s still “generally” not liable for their sub’s employee’s injuries (“Privette Doctrine” Remains)
“ Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.” (SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 594.) This rule has been known as the “Privette...