ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”

October 15, 2024 — William L. Porter - Porter Law Group
Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is correct. The owner or the contractor will not be held liable for injuries caused by his or her independent contractor. However, this is not always the case. Under the “Peculiar Risk Doctrine” and California cases interpreting the doctrine, a contractor or owner who hires an independent contractor to do work which is considered to be “inherently dangerous work” can be still be held directly liable for damages when that independent contractor causes injury to others by negligently performing the work. Such liability can generally be imposed on the one hiring the independent contractor under either of two branches of the peculiar risk doctrine. First, where a person hires an independent contractor to do inherently dangerous work, but fails to provide in the contract or in some other manner that special precautions must be taken to avert the peculiar risk of injury related to that work, then the one hiring the independent contractor can be held liable for injuries to others caused by the independent contractor’s negligence. (Restatement Second of Torts Section 413). For example, in Mackey v. Campbell Construction Co. 101 Cal. App. 3d 774, 162 Cal. Rptr. 64 (1980), Western Electric Company, the owner of the project, was found liable for the personal injuries of a subcontractor’s employee because Western’s representatives were on the job at all times, had doubts about the safety of scaffolding being used on the project, yet failed to require use of precautions that could have been taken to avoid injury. Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability PoliciesJanuary 21, 2025 — Bill Wilson - Construction Law Zone
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within t

BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute

December 23, 2024 — David M. McLain – Colorado Construction Litigation Blog
In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial reminder of the limitations imposed by Colorado’s Anti-Indemnification Statute, C.R.S. § 13-21-111.5, and its implications for contracts in the construction industry. This case arose from a Master Service Contract (“MSC”) between BKV Barnett, LLC (“BKV”) and Electric Drilling Technologies, LLC (“EDT”), in which EDT provided electrical services

A Chicago Skyscraper Cements the Legacy of a Visionary Postmodern Architect

December 31, 2024 — Mark Byrnes - Bloomberg
A handsome and eclectic stretch of buildings along Michigan Avenue known as “Chicago’s Front Door” offers a view that reflects the city’s status as a destination for serious architecture. Louis Sullivan and Dankmar Adler’s Auditorium Building, where a young Frank Lloyd Wright designed interiors, is right there on Grant Park; so is Daniel Burnham’s Railway Exchange, where he drew up the 1909 Plan of Chicago. Now a glass-and-aluminum apartment tower anchors the southern end of this scene, filling in a rare gap within this landmarked streetwall and putting a bow on the career of another heroic figure in Chicago’s architectural history: Helmut Jahn. Traub Lieberman Attorneys Recognized as 2024 New York – Metro Super Lawyers®November 11, 2024 — Traub Lieberman
Traub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY office have been selected to the 2024 New York - Metro Super Lawyers list. 2024 New York – Metro Super Lawyers

FEMA Offers Recovery Tips for California Wildfire SurvivorsJanuary 14, 2025 — FEMA
WASHINGTON -- While fire suppression activities are still ongoing in parts of Southern California, affected individuals and families are taking steps toward recovery. FEMA is helping people jumpstart their recovery. You may be eligible for FEMA assistance, even if you have insurance. More than $5.3 million so far are in the hands of survivors to help pay for emergency supplies like food, water and baby formula as well as to replace personal property and pay for a temporary place to stay. Below are tips to help Californians recover from the historic wildfires. If your primary home was affected by the fires, FEMA may be able to help you cover ce

The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

November 18, 2024 — Garret Murai - California Construction Law Blog
In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties under the Privette doctrine. The less thorny issue was whether application of the Privette doctrine depends on whether a written contract exists between the parties. Spoiler: It does not. The thorny issue was whether the Hooker exception to the Privette doctrine – which applies when a landowner exercises control over a project – should apply where a landowner directs a contractor to perform work that is at odds with legal requirements. The CBRE Case Property Reserve, Inc. owns an office building managed by CBRE in San Diego, California. On April 9, 2019, PRI entered into a lease agreement with a new tenant for a suite in the building. The lease required that PRI perform certain tenant improvements. Congratulations to Nicholas Rodriguez on His Promotion to PartnerNovember 25, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm! Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts.

Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

July 31, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, the evolution of stadium construction, an increase in legal and legislative action affecting the multifamily sector, and growing concerns for owners of office space.
• The work-from-home trend will likely push up the commercial property vacancy rate in 2026 to a peak average of 24%, or 4 percentage points higher than the first quarter of this year. (Jim Tyson, CFO Dive)
• In recent years, stadium construction has evolved to focus more on cultivating the game day experience with some multibillion-dollar projects breaking ground, as existing venues get renovations. (Zachary Phillips, Construction Dive)
• A number of prominent issues affecting the multifamily industry, including rent control, fees and antitrust concerns, have been subject to increasing levels of legal and legislative action over the past year. (Mary Salmonsen, Multifamily Dive)
Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team


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Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

October 28, 2024 — Mark Chediak - Bloomberg
A growing number of utilities are resorting to an extreme measure to prevent their equipment from sparking catastrophic wildfires: turning off the power. Electric companies serving about 24 million homes and businesses across the fire-prone US West now have plans to preemptively cut electricity during dangerous fire conditions, according to an analysis of data compiled by researchers at Stanford University. The proactive blackouts, however, run counter to the power companies’ main mission — which is to keep the lights on. And that’s angering customers and officials. Lawsuits — and the billions of dollars of damage claims that come with them — are an increasing concern among utilities, said Michael Wara, who leads the Climate and Energy Policy Program at Stanford University. Read the full story...
Reprinted courtesy of Mark Chediak, Bloomberg


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Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes

December 10, 2024 — Phillip L. Parham III - ConsensusDocs
Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally between the subcontractor and general contractor—are an important component to managing risk for a general contractor and reducing the likelihood of disputes with either/both the owner and subcontractor. Put simply, flow-down provisions can prov
Wilke Fleury Secures Bid Protest Denial

Washington Court Limits Lien Rights of Construction Managers

Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

Construction Law Firm Welin, O'Shaughnessy + Scheaf Merging with McDonald Hopkins LLC

Parking Reform Takes Off on the West Coast

Appeals Court Rules that CGL Policy Doesn’t Cover Subcontractors’ Faulty Work

Partner Jason Taylor and Senior Associate Danielle Kegley Successful in Appeal of Summary Disposition on Priority of Coverage Dispute in the Michigan Court of Appeals

Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

Margins May Shrink for Home Builders

The Unthinkable Has Happened. How Should Contractors Respond?

NY Estimating Consultant Settles $3.1M Government Project Fraud Case

Traub Lieberman Attorneys Recognized as 2022 Illinois Super Lawyers® and Rising Stars

Manhattan Vacancies Rise in Epicenter Shift: Real Estate

New York Appeals Court Rekindles the Spark

The Devil is in the Details: The Texas Construction Trust Fund Pitfalls Residential Remodelers (and General Contractors) Should Avoid

Cultivating a Company Culture Committed to Safety, Mentorship and Education

Coping with Labor & Install Issues in Green Building

New Case Alert: California Federal Court Allows Policy Stacking to Cover Continuous Injury

Tishman Construction Admits Cheating Trade Center Clients

California Bullet Train Clears Federal Environmental Approval

Clean Water Act Cases: Of Irrigation and Navigability

Federal Magistrate Judge Recommends Rescission of Policies

Real Estate & Construction News Roundup (04/26/23) – The Energy Transition and a Bit of Brick-and-Mortar Blues

Question of Parties' Intent Prevents Summary Judgment for Insurer

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

Court’s Ruling on SB800 “Surprising to Some”

Testing Your Nail Knowledge

The Miller Act: More Complex than You Think

Loss Caused by Theft, Continuous Water Discharge Not Covered

President Trump Repeals Contractor “Blacklisting” Rule

Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

Congratulations to Haight Attorneys Selected to the 2020 Southern California Super Lawyers List

Am I Still Covered Under the Title Insurance Policy?

Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

SEC Recommendations to Protect Against Cybersecurity Threats

Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim

Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules Expected Fall 2023

Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy

California Indemnity and Defense Construction Law Changes for 2013

No Occurrence Where Contract Provides for Delays

Maria Latest Threat to Puerto Rico After $1 Billion Irma Hit

Keeping KeyArena's Landmark Lid Overhead at Climate Pledge Arena Redevelopment Is A 22,000-Ton Balancing Act

Ohio: Are Construction Defects Covered in Insurance Policies?

Why Is California Rebuilding in Fire Country? Because You’re Paying for It

New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

Product Manufacturers Beware: You May Be Subject to Jurisdiction in Massachusetts

Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments

California Senator Proposes Bill to Require Contractors to Report Construction Defect Cases

Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year

Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April

PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement

FAA Seeks Largest Fine Yet on Drones in Near-Miss Crackdown

Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

First Railroad Bridge Between Russia and China Set to Open
ot Necessary for Finding Occurrence

Your Contract is a Hodgepodge of Conflicting Proposals

Chinese Brooklyn-to-Los Angeles Plans Surge: Real Estate

Denver’s Proposed Solution to the Affordable Housing Crisis

OSHA/VOSH Roundup

Delaware “occurrence” and exclusions j(5) and j(6)

Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

Summary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related Cases

Ninth Circuit Construes Known Loss Provision

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss

Virtual Jury Trials: The Next Wave of Remote Legal Practice

Labor Intensive

Sometimes You Get Away with Unwritten Contracts. . .

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

Tall and Sustainable Is Not an Easy Fix

Construction Laborers Sue Contractors Over Wage Theft

Ahlers & Cressman Presents a Brief History of Liens