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Recently, in Phase 1 of a bifurcated bench trial, partner, Mark Collinsworth, obtained a verdict finding that the firm’s client, an asphalt manufacturer, qualified as a “subcontractor” under California’s prompt payment statute (Public Contracts Code 10262.5). Given the amounts at issue in this case, the additional interest (over and above the contractual interest of 1.5%…
read moreThe Supreme Court of California recently denied a request to overturn and depublish the Fourth Appellate District’s decision in Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal. App. 5th 303, 298 Cal. Rptr. 3d 356 (2022), which required evidence of a current or past violation of one of the codified construction performance…
read moreFourth District Court of Appeals Issues Published Opinion Interpreting Scope and Application of SB 800 Performance Standards (Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 2022 Cal. App. LEXIS 706*) Trial In February 2020, our office defended builder K. Hovnanian at trial in a case involving alleged construction defects at two homes in Riverside…
read moreAn important case decided by the U.S. Supreme Court on June 15, 2022, will likely impact California employers and their right to arbitrate individually with employees who make wage and hour claims, instead of having these PAGA claims be subject to class actions. Background The U.S. Supreme Court recently issued its ruling in the Viking…
read moreCollinsworth, Specht, Calkins & Giampaoli, LLP is pleased to announce two of the firm’s named partners, Matthew Giampaoli and Jason Specht, recently secured a significant appellate victory from California Court of Appeal for the Sixth District in San Jose for their client, a major construction company. The Court of Appeals ruling confirmed the trial court…
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