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California Public Works Payment Bond Claims Are Not Limited To Amounts Encompassed In The Preliminary 20-Day Notice If The Claimant Provides The Requisite Surety Notice After Completion

Surety and Construction Law Briefings

Winter 2003
By: James Diwik, Jonathan Dunn, Marilyn Klinger

In This Edition:

1. California Public Works Payment Bond Claims Are Not Limited To Amounts Encompassed In The Preliminary 20-Day Notice If The Claimant Provides The Requisite Surety Notice After Completion
2. Contractor Who Loses License During Construction Period May Be Entitled To Assert Mechanic's Lien
3. Licensed Contractors May Legally Employ Persons With Revoked Contractor's
   Licenses
4. Homeowners Who Hire Unlicensed Contractors May Be Statutory Employers Subject To Osha Regulations
5. Under A Commercial General Liability Policy, The Term "Damages" Includes The Indemnitee's Defense Costs That The Indemnitor Is Obligated To Pay
6. Statutory Unfair Competition Claims May Be Prosecuted As Class Actions
7. Ninth Circuit Determines That Punitive Damages Are Not Recoverable Where Contractual And Quasi-Contractual Theories Apply To The Same Matter
8. Corporations With Separate Contracts With The Offending Party Are Not The "General Public" And Cannot Be Represented As Such Under California's Unfair Competition Law
9. Once Again, A Court Broadly Enforces A Contractual Arbitration Clause Refusing To Apply A Carve-Out Provision In The Clause
10. When Claims Are Subject To A Contractual Arbitration Agreement, The Issue Of Whether They Are Barred By Res Judicata Must Be Decided By The Arbitration Panel, Not The Court
11. Judicial Reference Provisions In Certain Real Property Purchase Agreements Were Unconscionable Contracts Of Adhesion
12. Party Moving To Strike Under The Antislapp Law Need Not Prove The Subjective Intent Behind The Challenged Causes Of Action
13. Motion To Strike Under Anti-Slapp  Statute Need Only Show That Claim Is One Arising From Protected Activity--Thereafter, The Burden Shifts And The Plaintiff Must Show A Probability Of Prevailing
14. Court's Denial Of Anti-Slapp Suit Established Sufficient Probable Cause To Defeat Malicious Prosecution Action
15. Assault Victim 'Slapp'ed Down By Court On Insurance Company's Declaratory Relief Action Bankruptcy
16. In Bankruptcy Contractual Obligations Are Mutual -- A Contracting Parties' Bankruptcy Discharges The Other's Contractual Obligation To Perform. In Other Words, Bankruptcy = Anticipatory Breach
    

Surety and Construction Law, Winter 2003

Related People

Goldhaber, David M.

Related Practices

Business Litigation

Commercial Practices

Construction Practices

Creditors' Rights & Bankruptcy