Construction

It is critical for subcontractors to scrutinize their subcontracts – specifically the payment clause.  Some clauses require payment by the owner to the general contractor before the general contractor is legally required to pay the subcontractor. These are commonly referred to as “Pay-If-Paid” or “Pay-When-Paid” clauses. However, knowing what type of clause is in your …

Pay-If-Paid Versus Pay-When-Paid: What’s The Difference Anyway? Read More »

A contractor on a private work of improvement can expect to encounter some type of design flaw, unexpected condition, or other change in the scope of work. Under typical circumstances, these changes usually require an approved change order. So, what happens when the contractor’s change order proposal is denied? The contractor must decide whether it …

Construction Contract Claims: Navigating the Landscape Read More »

It’s no secret; construction projects are frequently rife with defective plans and specifications. Determining if the contractor has a claim for additional time and/or compensation is often complex and time-consuming. Given the magnitude of damages which can result from defective plans and specifications, many contractors have no choice but to assert a claim. This article …

Defective Plans and Specifications: Do I have a Claim? Read More »

A Writ of Administrative Mandamus is a court order instructing the CSLB (or any other administrative agency) to review or reverse its decision. Importantly, however, before a petition for a Writ of Administrative Mandamus can be filed, the contractor must exhaust all of its CSLB administrative remedies.

The Daily Journal recently profiled Flores Ryan, LLP. Click below to read the article.

There’s no sugarcoating it. Encountering a differing site condition (“DSC”) on a jobsite can be a real headache. But whose headache is it in the end? The precise language contained in the contract documents, and whether the owner was truthful about the site conditions, are critical issues to evaluate in determining who may be legally responsible.

A property owner’s notice of nonresponsibility can be a powerful tool because it limits a mechanics lien foreclosure action to the work of improvement itself, specifically excluding foreclosure of the underlying property.

The Contractors State License Board not only enforces the Contractors State License Law, but it also offers a CSLB-sponsored arbitration program. The program provides complainants an opportunity to enforce their rights in workmanship and contract disputes, subject to certain financial and legal limitations.

Available to owners and contractors alike, a change order allows parties to make and implement changes to a contract without having to rewrite the entire contract.

Many contractors do not know that they have important rights and protections during a CSLB investigation. What should a contractor do or not do, say or not say, when they receive a CSLB investigation letter? Questions abound, but answers can be scarce. Below we discuss three issues every contractor should know during a CSLB investigation.