Hardcover

California Construction Law, Seventeenth Edition

California Construction Law, Seventeenth Edition

California Construction Law, Seventeenth Edition

Contributor(s)
By Gordon Hunt, Kenneth C. Gibbs
Update Frequency
Updated annually
Last Update
11/17/2016
Product Line
Wolters Kluwer Legal & Regulatory U.S.
Available formats

Details

The topics in California Construction Law, Seventeenth Edition are organized in the same manner as they would actually arise in a construction project. 

First, the book deals with pre-construction issues licensing, bidding, and the formation of the construction contract. It then discusses what happens when things go wrong with breach of contract by the owner and/or the contractor. An in-depth analysis is provided with regard to claims involving delay, disruption, and acceleration. Several chapters are then devoted to statutory remedies-mechanics' liens, stop notices, and bonds both on public and private works. Finally, coverage is provided on other issues and subjects involving the construction industry, including expanding liability, home improvement contracts, bankruptcy, and alternative dispute resolution.

ISBN: 9780735592575
Pages: 1121
SKU: 0735592578
ETA: Available: Item ships in 3-5 Business Days

CHAPTER 1. LICENSING

  • §1.01 License Requirement
  • §1.02 License Classifications
  • §1.03 Contractors' Services
  • §1.04 Public Body May Determine Appropriate License for Public Works Construction Projects
  • §1.05 Penalties
  • §1.06 Exemptions from the License Law
  • §1.07 Notice Required by License Law
  • §1.08 Notice Required by Contract
  • §1.09 Grounds for Disciplinary Action
  • §1.10 Arbitration
  • §1.11 Citation Procedure
  • §1.12 Responsible Managing Employee and Responsible Managing Officer
  • §1.13 Public Access to Proceedings
  • §1.14 License Bonds
  • §1.15 License Revocation for Failure to Produce Records
  • §1.16 Contract for Construction of Single-Family Dwelling Must Be in Writing
  • §1.17 Unlicensed Contractor May Not Advertise
  • §1.18 Time for Filing of Disciplinary Proceedings
  • §1.19 Continuing Responsibility for Citations of Member, Officer, Director, or Associate
  • §1.20 Contractor's Business Licenses
  • §1.21 Contractors Who Prepare Home Inspection Reports Must Not Perform Repairs to the Structure
  • §1.22 Kickback by Contractor to Insurance Adjuster Is Crime
  • §1.23 Contractors Are Required to Disclose Disciplinary Action
  • §1.24 Sureties May Be Exempt from Contractor Licensing Requirement
  • §1.25 Title of Provision for Arbitration of Disputes in Contract for Work on Specified Residential Property
  • §1.26 Home Improvement Business
  • §1.27 Liability of Contractors for Contributions to Unemployment Insurance, Disability Insurance, Employment Training, and for Wages on Account of an Unlicensed Contractor
  • §1.28 Workers' Compensation Insurance: Effect of Failure to Maintain
  • §1.29 Employment of a Contractor Whose License Has Been Revoked
  • §1.30 Applicants for Licenses Must Submit Fingerprints
  • §1.31 Purpose of License Law
  • §1.32 Joint Venture License
  • §1.33 Illegality of Contract for Non-Licensing Is an Issue to Be Decided by the Courts
  • §1.34 Disassociation of Responsible Managing Officer or Employee and Replacement Thereof
  • §1.35 The Listing of Unlicensed Subcontractor on Public Works Does Not Automatically Render the Bid Nonresponsive
  • §1.36 Licensed Owner of Unlicensed Contracting Corporation Could Not Sue for Compensation
  • §1.37 Licensing of Construction Managers

CHAPTER 2. BIDDING PRIVATE AND PUBLIC WORK

  • §2.01 Rules for Private Work
  • §2.02 Rules for Public Work

CHAPTER 3. CONSTRUCTION CONTRACTS

  • §3.01 Basic Considerations
  • §3.02 Analysis of Owner-Contractor Relationship
  • §3.03 Analysis of Contractor-Subcontractor Relationship
  • §3.04 Material Supplier Contracts
  • §3.05 Analysis of Owner-Architect Relationship
  • §3.06 Analysis of Design-Build Relationship

CHAPTER 4. BREACH OF CONTRACT BY OWNER

  • §4.01 Types of Owner Breach
  • §4.02 Failure to Make Progress Payment
  • §4.03 Contractor's Right to Stop Work in the Event of Nonpayment: Private Works of Improvement
  • §4.04 Prompt Payment Legislation in California
  • §4.05 Delay
  • §4.06 Defective Plans and Specifications
  • §4.07 How Courts Interpret Plans and Specifications
  • §4.08 Delay in Start of Performance
  • §4.09 Material Change of Contract
  • §4.10 Acceleration
  • §4.11 Recovery of Consequential Damages
  • §4.12 Recovery of Damages for Reduction of Bonding Capacity
  • §4.13 Contractor's Claim for Right to Finish Early
  • §4.14 Delay Damages on Multi-Prime Projects
  • §4.15 Recoverability of Interest for Changed Work
  • §4.16 Recovery of Interest on Unliquidated Claims
  • §4.17 Changed Conditions

CHAPTER 5. BREACH OF CONTRACT BY CONTRACTOR

  • §5.01 Contractor's Performance
  • §5.02 Liquidated Damages for Delay
  • §5.03 Loss of Rents for Delay
  • §5.04 Loss of Profits for Delay
  • §5.05 Fraud
  • §5.06 Offsetting Backcharges
  • §5.07 Latent and Patent Construction Defects
  • §5.08 Recovery of Damages for Violation of the Building Code
  • §5.09 Termination of Contractor
  • §5.10 Impact of Construction Contract Terms
  • §5.11 Conclusion
  • §5.12 Liability of Home Inspection Contractors
  • §5.13 Contactor's Obligation to Perform Work in a Good and Workmanlike Manner

CHAPTER 6. CONSTRUCTION CLAIMS

  • §6.01 Introduction: The Importance of Early Claims Recognition
  • §6.02 Overview of Owner's Claims
  • §6.03 Public Works Contractor's Liabilities for False Claims
  • §6.04 Terminating the Contractor
  • §6.05 Overview of Contractor's Claims
  • §6.06 Contractor's Time-Related Claims
  • §6.07 Contractor's Delay Claims
  • §6.08 Contractor's Disruption Claims
  • §6.09 Contractor's Acceleration Claims
  • §6.10 Overview of Leading Causes of Claims
  • §6.11 Differing Site Conditions
  • §6.12 Suspension of Work
  • §6.13 Claim Investigation
  • §6.14 Quantifying and Proving Damages
  • §6.15 Settlement Agreements and Releases

CHAPTER 7. SCHEDULING AND PROOF OF DELAY CLAIMS

  • §7.01 Introduction: Who Has the Burden of Proof, and How Is It Met?
  • §7.02 Use of CPM Scheduling Techniques Preferred
  • §7.03 What Is CPM Scheduling?
  • §7.04 How CPM Scheduling Techniques Are Used to Prove Delay
  • §7.05 Type of Delay Must Be Determined
  • §7.06 Conclusion
  • §7.07 Use of Experts In CPM Scheduling
  • §7.08 Excusable Delay Requires Proof of a Delay to an Item on the Critical Path
  • §7.09 Interference With Contractor's Planned Schedule May Be a Constructive Change
  • §7.10 Concurrent and Sequential Delay
  • §7.11 Abandonment of CPM Schedules
  • §7.12 Who Owns the Float?
  • §7.13 Subcontractor Delay Claims and the Severin Doctrine

CHAPTER 8. EXPANDING LIABILITY IN THE CONSTRUCTION INDUSTRY

  • §8.01 Introduction
  • §8.02 Liability for Defective and Non-Conforming Construction
  • §8.03Liability for Products and Component Parts Used in Construction
  • §8.04 Liability for Condominium and Single Family Residential Construction
  • §8.05 Liability for Injuries on Construction Projects
  • §8.06 Limitations of Liability
  • §8.07 Transfer of Liabilities Through Indemnities
  • §8.08 Risk Transfer through Insurance

CHAPTER 9. MECHANICS' LIENS, STOP NOTICES, AND BONDS ON PRIVATE WORKS OF IMPROVEMENT

  • §9.01 Remedies Available
  • §9.02 Procedure for Filing Mechanics' Liens and Stop Notices
  • §9.03 Recording the Lien
  • §9.04 Special Problems with Mechanics' Liens
  • §9.05 Defenses to Mechanics' Liens and Stop Notices
  • §9.06 Miscellaneous Points
  • §9.07 Mechanic's Liens and Stop Notices Are Privileged

CHAPTER 10. STOP NOTICES AND BONDS ON PUBLIC WORKS

  • §10.01 No Rights to Mechanics' Liens
  • §10.02 Stop Notice
  • §10.03 Labor and Material Bond
  • §10.04 Case Examples
  • §10.05 Unpaid Prevailing Wages MayBe Recovered on Payment Bond
  • §10.06 Public Entity's Duty to Determine Sufficiency of Bonds
  • §10.07 Exoneration of Surety
  • §10.08 Payment Bond and Stop Notice Remedies Not Preempted by ERISA
  • §10.09 Public Body's Duty to Withhold Stop Notice Funds

CHAPTER 11. MILLER ACT

  • §11.01 Labor and Material Bond
  • §11.02 Ninety-Day Notice
  • §11.03 Suit on the Bond
  • §11.04 Persons Entitled to Recover on the Bond
  • §11.05 Proof Required
  • §11.06 Practice Notes
  • §11.07 Illustrative Cases
  • §11.08 Waiver of Right to Sue on Payment Bond
  • §11.09 Right of the Prime Contractor to Offset for Defective Materials Sold by a Material Supplier to a Subcontractor
  • §11.10 Joint Checks as a Defense to a Miller Act Payment Bond Claim

CHAPTER 12. BANKRUPTCY IN THE CONSTRUCTION INDUSTRY

  • §12.01 Introduction
  • §12.02 Bankruptcy Process
  • §12.03 Automatic Stay and Future Performance Issues
  • §12.04 Assumption or Rejection of Executory Contract
  • §12.05 Pre-Bankruptcy Considerations: Cure of Contractual Default and Adequate Assurance
  • §12.06 Issues When Owner Files for Bankruptcy
  • §12.07 Issues When General Contractor Files for Bankruptcy
  • §12.08 Issues When Subcontractor or Supplier Files for Bankruptcy
  • §12.09 Preference Liability of Contractors, Subcontractors and Suppliers
  • §12.10 Evaluating Potential Claims
  • §12.11 Pay Only If Protected
  • §12.12 Completing the Work
  • §12.13 Miscellaneous Bankruptcy Issues

CHAPTER 13. HOME IMPROVEMENT CONTRACTS

  • §13.01 Statutory Requirements
  • §13.02 Home Improvement Salespersons
  • §13.03 Case Law
  • §13.04 Swimming Pools
  • §13.05 Rescission of Home Solicitation Contracts
  • §13.06 Arbitration Provisions in Home Improvement Contracts
  • §13.07 Property Owner's Vicarious Liability for Employees of Unlicensed, Uninsured IndependentContractors
  • §13.08 Breach of Warranty

CHAPTER 14. ALTERNATIVE DISPUTE RESOLUTION

  • §14.01 Overview of Alternative Dispute Resolution
  • §14.02 Arbitration of Construction Disputes
  • §14.03 Mediation
  • §14.04 Other Available Types of ADR
  • §14.05 Enforcement of ADR Settlement Agreements

Appendices:

  • Appendix 1 Conditional Waiver and Release Upon Progress Payment
  • Appendix 2 Unconditional Waiver and Release Upon Progress Payment
  • Appendix 3 Conditional Waiver and Release Upon Final Payment
  • Appendix 4 Unconditional Waiver and Release Upon Final Payment
  • Appendix 5 California Preliminary Notice, Together With Proof of Service
  • Appendix 6 Mechanics' Lien Appendix 7 Stop Notice
  • Appendix 8 Miller Act Form
  • Appendix 9 Notice to Principal and Surety on Payment Bond on Private Work
  • Appendix 10 Notice to Principal and Surety on Payment Bond on Public Work Table of Cases

Index

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