California Construction Law, Nineteenth Edition

SKU:10073259

Kenneth C. Gibbs, Gordon Hunt, Barbara R. Gadbois, Dale A. Ortmann, Carlo Paciulli, Richard J. Wittbrodt

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Product Line	Wolters Kluwer Legal & Regulatory U.S.
Product SKU	10073259

Overview

California Construction Law is a uniquely California-focused construction law treatise that seamlessly combines practical industry guidance with comprehensive legal analysis, making it an essential resource for both construction professionals and attorneys. Unlike general construction law references, this authoritative work follows the lifecycle of a construction project, guiding readers from licensing, bidding, and contract formation through claims, disputes, and project closeout.

Standout features include in-depth coverage of delay, disruption, and acceleration claims, practical guidance on the use of forensic scheduling to prove and defend claims, and significantly expanded discussions of insurance, indemnity, and construction defect issues. The treatise also offers detailed analysis of California-specific statutory remedies, including mechanics’ liens, stop notices, and bonds, for both public and private works. Updated and refined over nearly 40 years, it delivers unmatched insight into California statutes, case law, prevailing wage requirements, bankruptcy, and alternative dispute resolution, providing readers with a single, trusted source for navigating the state's complex construction legal landscape.

Note: Online subscriptions are for three-month periods.

Chapter 1 LICENSING

License Requirement
License Classifications
Contractors' Services
Public Body May Determine Appropriate License for Public Works Construction Projects
Penalties
Exemptions from the License Law
Notice Required by License Law
Notice Required by Contract
Grounds for Disciplinary Action
Arbitration
Citation Procedure
Responsible Managing Employee and Responsible Managing Officer
Public Access to Proceedings
License Bonds
License Revocation for Failure to Produce Records
Contract for Construction of Single-Family Dwelling Must Be in Writing
Unlicensed Contractor May Not Advertise
Time for Filing of Disciplinary Proceedings
Continuing Responsibility for Citations of Member, Officer, Director, or Associate
Contractor's Business Licenses
Contractors Who Prepare Home Inspection Reports Must Not Perform Repairs to the Structure, Except Roofing Contractors
Kickback by Contractor to Insurance Adjuster Is Crime
Contractors Are Required to Disclose Disciplinary Action
Sureties May Be Exempt from Contractor Licensing Requirement
Title of Provision for Arbitration of Disputes in Contract for Work on Specified Residential Property
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
Workers' Compensation Insurance: Effect of Failure to Maintain
Employment of a Contractor Whose License Has Been Revoked
Applicants for Licenses Must Submit Fingerprints
Purpose of License Law
Joint Venture License
Illegality of Contract for Non-Licensing Is an Issue to Be Decided by the Courts
Disassociation of Responsible Managing Officer or Employee and Replacement Thereof
The Listing of Unlicensed Subcontractor on Public Works Does Not Automatically Render the Bid Nonresponsive
Licensed Owner of Unlicensed Contracting Corporation Could Not Sue for Compensation
Licensing of Construction Managers
Licensing of Limited Liability Companies

Chapter 2 BIDDING PRIVATE AND PUBLIC WORK

2.01 Rules for Private Work
2.02 Rules for Public Works

Chapter 3 CONSTRUCTION CONTRACTS

3.01 Basic Considerations
3.02 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
3.07 Home Improvement Contracts

Chapter 4 BREACH OF CONTRACT BY OWNER

4.01 Types of Owner Breach
4.02 Failure to Make Progress Payments
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
4.18 Attorney's Fees
4.19 Breach of the Implied Duty of Good Faith and Fair Dealing

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 Liability of Home Inspection Contractors
5.12 Contactor's Obligation to Perform Work in a Good and Workmanlike Manner
5.13 Conclusion

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/Qui Tam Actions
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 LIABILITY IN THE CONSTRUCTION INDUSTRY

8.01 Introduction
8.02 Tort Liability for Defective Construction—Negligence
8.03 Statutory (Tort) Liability for Defective Residential Construction—The Right to Repair Act
8.04 Strict Liability for Products and Component Parts Used in Construction
8.05 Additional Theories of Liability Applicable to Damage or Injury Caused by Works of Construction
8.06 Liability for Condominium Construction
8.07 Liability for Construction Site Injuries
8.08 Limitations of Liability
8.09 Transfer of Liabilities Through Indemnities
8.10 Risk Transfer Through Insurance

Chapter 9 MECHANICS LIENS, STOP PAYMENT NOTICES, AND PAYMENT BONDS ON PRIVATE WORKS OF IMPROVEMENT

9.01 Practice Note
9.02 Remedies Available
9.03 Procedure for Filing Mechanics Liens and Stop Payment
9.04 Recording the Lien
9.05 Additional Rules Regarding Mechanics Liens
9.06 Defenses to Mechanics Liens and Stop Payment Notices
9.07 Additional Mechanics Liens Issues
9.08 Stop Payment Notices Are Privileged
Appendix 9-1 Conditional Waiver and Release upon Progress Payment
Appendix 9-2 Unconditional Waiver and Release upon Progress Payment
Appendix 9-3 Conditional Waiver and Release upon Final Payment
Appendix 9-4 Unconditional Waiver and Release upon Final Payment

Chapter 10 STOP PAYMENT NOTICES AND PAYMENT BONDS ON PUBLIC WORKS

10.01 No Mechanics Liens on Public Works
10.02 Stop Payment Notice
10.03 Payment Bond
10.04 Case Examples
10.05 Unpaid Prevailing Wages May Be Recovered on Payment Bond
10.06 Public Entity's Duty to Determine Sufficiency of Payment Bonds
10.07 Exoneration of Surety
10.08 Payment Bond and Stop Payment Notice Remedies Not Preempted by ERISA
10.09 Public Body's Duty to Withhold Stop Payment Notice Funds
10.10 Cross Reference Table for Public Works Remedies
10.11 No Recovery of Attorney's Fees by Public Entity on Stop Payment Notice Claim

Chapter 11 MILLER ACT

11.01 Practice Notes
11.02 Labor and Material Bond
11.03 Ninety-Day Notice
11.04 Suit on the Bond
11.05 Persons Entitled to Recover on the Miller Act Bond
11.06 Proof Required for Material Suppliers
11.07 Waiver of Right to Sue on Payment Bond
11.08 Illustrative Cases
11.09 Right of the Surety 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 PREVAILING WAGE LAW

13.01 Introduction
13.02 What Are Prevailing Wages?
13.03 Labor Compliance Programs
13.04 Project Labor Agreements

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
Table of Cases
Index

California Construction Law, Nineteenth Edition

Overview

Table Of Contents

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