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Construction Law Archives

When can a Contractor File a Lien in California?

There are several steps that a contractor must follow in order to file a valid lien in California.  First, a contractor, subcontractor, or materials supplier must serve the owenr with a Preliminary Notice.  The prime contractor (the general contractor) may avoid this requirement if their contract includes a mechanics lien warning. The Preliminary Notice must be served either before work begins, or within 20 days after the work is performed.  A Mechanic's lien is not valid unless a Preliminary Notice was properly provided.  The contractor must provide the date that work began or materials were delivered.

Lack of Fall Protection Results in Serious Injuries

  OSHA has reported that a fall from heights is again the leading cause of injuries on construction sites. OSHA rules generally require that any work performed over six feet in height requires safety protection, such as guardrails, harnesses, ropes, or some method to prevent injuries.  In residential construction, roughly 29 percent of all fatalities on construction sites are the result of an unprotected fall.  In 2011, OSHA tightened the requirements with respect to fall protection on residential projects.  The requirements now include guardrails, safety net systems, and personal fall arrest systems.  The OSHA directive provides that all residential construction employees who are engaged in work at six feet or more above lower levels must comply with fall protection requirements.  David Michaels, assistant Secretary of Labor for OSHA, noted: " No worker should have to pay with their life trying to make a living."

Unfamiliar jobs by contractors increase construction defects

The recession has impacted the construction industry in several ways. Now that the economy is slowly improving, contractors are trying to get back into the swing of things. However, there are not as many construction opportunities as there were in the past so many contractors are working in new areas, increasing the risk of construction defects. 

Construction defects in some homes built after Hurricane Katrina

After Hurricane Katrina, many homes were damaged from the storm, and non-profit organizations started rebuilding homes in the area. One non-profit organization, the Make It Right Foundation, build 100 new energy-efficient homes in one area where Hurricane Katrina severely damaged homes. 

What is the time limit for filing a construction defect lawsuit in California?

California law imposes deadline for when an owner can sue a developer or contractor for construction defects or design defects.   For residential properties, these deadlines stem from a law passed by the legislator in 2003, and known as SB 800.  This law sets forth different deadlines, that range from one year to as long as ten years.  Normally, the outside deadline for filing a lawsuit against a residential developer is ten years from the date of completion.

Los Angeles sues contractor over runway construction defects

The city of Los Angeles has filed a lawsuit against a construction company for a faulty runway at the Los Angeles International Airport. The runway in question is only five years old. The lawsuit alleges that that the runway has design flaws as well as flaws in how the concrete was poured. 

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