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Recent Posts

QUICK NOTE: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND

Posted on 21 January, 2018
On private jobs where the general contractor has an unconditional payment bond, subcontractors, sub-subcontractors and suppliers need to serve a notice of nonpayment to preserve payment bond rights.   Just like an owner can record a

JUST BECAUSE YOU LABEL IT A “TRADE SECRET” DOES NOT MAKE IT A “TRADE SECRET”

Posted on 12 January, 2018
Everything is a “trade secret,” right?  Nope.  What if I mark it as a “trade secret?”  Still nope.  But, you already knew those answers.     This is an especially important issue when dealing with public entities, as demonstrated by the...

DOES ARBITRATION APPLY TO CONTEMPORANEOUSLY EXECUTED CONTRACTS (WHEN ONE OF THE CONTRACTS DOES NOT HAVE AN ARBITRATION PROVISION)?

Posted on 6 January, 2018
Binding arbitration is an alternative to litigation.  Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process.  Arbitration, however, is a creature of contract, meaning there needs to...

HIRING SUBCONTRACTORS WITH WORKERS COMPENSATION INSURANCE

Posted on 30 December, 2017
You want to hear more on the POWER of statutory workers compensation immunity?  Well, here it is, because as I have mentioned in the past, workers compensation immunity...

BAD FAITH IN THE CONTEXT OF PROPERTY INSURANCE CLAIMS (WEBINAR)

Posted on 16 December, 2017
Recently, I participated in a national webinar involving insurance bad faith in the property insurance context.  My section of the webinar dealt with the elements and burden of proof in demonstrating bad faith by an insurer in various jurisdictions.  If you are...