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The Critical Path: Construction Law Blog

The Latest News and Legal Developments Impacting the California Construction Industry

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California Legislature Eliminates Contractor Type 1 Indemnity

The California Legislature recently approved California Senate Bill 474, which provides that in private commercial or public works construction contracts, any indemnity obligations arising out of active negligence or willful misconduct of the indemnified party are void and unenforceable.  These indemnity obligations were already prohibited in residential construction contracts (except for homeowners improving their single family dwelling).  

New Law Penalizes Employers for Misclassification of Employees

A new California labor code provision subjects California employers and those who provide advise to the employer to Labor Code penalties if employees are misclassified as independent contractors.  

A Contractual Duty to Defend is Separate from The Duty to Indemnify

There is a legal distinction between the contractual duty to defend and the duty to indemnify in a construction services contract between a developer and a contractor.  

Construction Underwriting Tightens as Insurers Eye Project Losses

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4 Basics to Subrogation Waiver on California Construction Projects

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1.  What is A Right of Subrogation?

New California Law May Increase Demand for Construction Wrap-Up Policies

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About Bowles & Verna LLP

Bowles & Verna represents some of the largest general contractors and subcontractors in California and the U.S., demonstrating expertise in all legal aspects of the design and construction process. The firm also represents a significant number of public agencies, design professionals, developers and owners in connection with construction claims.

Our experience encompasses a diverse range of matters involving all aspects and phases of construction. These matters include simple claims for payment to more complex matters such as construction defects, design team errors and omissions, contractor-subcontractor disputes, mechanic’s lien and stop notice actions, and state and federal claims resolutions schemes.

For more information please visit our website at www.bowlesverna.com or contact Kenneth G. Jones directly at (925) 935-3300 or by e-mail at kjones@bowlesverna.com.