California’s statutes of limitations refers to laws which establish specific time limits within which one must file a lawsuit in order to protect and preserve claims. In California, there are a number of overlapping statutes of limitations that must be addressed in evaluating the deadlines for filing a lawsuit for construction defects. SB800 also known […]
Statutes of Limitations on Construction Defects in California Read More »
Although arbitration is strongly favored by the courts and the policy of the state of California, there are certain circumstances that provide a basis to challenge and defeat such a petition. This article presents 3 ways a party to an arbitration provision can contest and possibly defeat a petition to compel arbitration in court.
Construction Defect and Real Estate Litigation: 3 Ways to Contest Arbitration Read More »
When litigating construction defect claims and disputes against contractors in California, and when formulating the complaint, conducting discovery and preparing for trial, one should always look to the California Business and Professions Code laws and standards that apply to contractors. The California Business & Professions Code contractor provisions go well beyond the basic licensing requirements
Much of the litigation arising from real property sales transactions involves some form or non-disclosure or even concealment of information related to the condition of the property by the brokers and agents in the sale. There are specific disclosures required of the broker-agents by law and violating these disclosure duties gives rise to a cause
The COVID-19 pandemic has had a very profound impact on the California courts and in particular on trials of the Los Angeles Superior Courts, both jury and non-jury. Currently, there are more than 7,000 criminal cases that must be tried to satisfy these defendant’s statutory and constitutional right to a speedy trial. As the Court
Construction Defect and Real Estate Litigation: Jury Trials in the COVID World Read More »
Alter Ego Doctrine Normally, the corporation is an insulator from personal liability for shareholders and officers of a corporation from the claims of creditors. Limited liability for the persons involved in the corporation is a protection afforded by the corporate form and the privileges associated with the fictional entity created by statute and recognized by
In California, the measure of damages for tortious injury to real property, such as negligence, including damages caused by negligent construction defects, is governed in part by the so-called Lesser of Rule. Fraud, although a tort, is included, but may also involve a different damages analysis. For our purposes here, we consider the application of
Damages for Injury to Real Property: The Lesser of Rule Read More »
Real Estate Broker Fiduciary Duty Lawsuits and litigation frequently arise from California real estate transactions over the duties and disclosures a real estate broker is required to make to their client. There are multiple levels of duties owed to the client, both statutory and common law. However, the most important duty a real estate broker
Broker-Agent Fiduciary Duties in Real Estate Transactions Read More »
Real Property owner’s construction defect claims and the damages recoverable vary and these variances are determined to a large extent by the purchase agreement through which the owner acquired the property. The legal landscape has changed over time, and currently, there are 3 sometimes overlapping legal frameworks that govern an owner’s residential real property claims,
Real Estate Litigation: Owner Purchase Agreements and Defect Claims Read More »
Seller disclosures are a critical component of real estate sales transactions and are particularly important to residential real property purchase and sale transactions. Seller disclosures are required by law in California and are an integral and essential component of fairness in the transaction in which the buyer is unaware of many of the conditions of
Litigating Disclosures in Real Estate Sales Transactions Read More »
When to pursue a construction defect claim is fairly simple and is determined by the statutes of limitation. Simply stated, if you are aware of a possible claim, then the statute of limitations is running, and the claim will be time barred unless you file suit. Statutes of Limitations Considerations There are different statute of
When to Pursue a Construction Defect Claim Read More »
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