Category: Construction & Contractor Disputes

Construction Contract Tips for Owners — Part 1

A remodel of your home can be a substantial investment. Nonetheless, it oftentimes shocks me to see the contracts that parties enter into regarding construction. This Read More > ...

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Seller is Refusing to Close Escrow? Know Your Options

If you’ve recently purchased a home, or are looking to buy, you know how tough the market is.  The competition is intense, with there being more Read More > ...

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Important Water Considerations for After El Niño

As predicted, El Niño arrived in California and brought some much needed precipitation with it.  This past winter brought the most rain California has had in Read More > ...

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Court Clarifies Transfer Disclosure Law for Mixed-Use Property

The recent appellate decision of Richman v. Hartley is critical for California real estate agents and sellers to know as it clarifies the mandatory disclosure requirements Read More > ...

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Remodeling Series

The attorneys at Brewer Offord & Pedersen LLP have seen their share of construction related disputes. In an effort to educate our network of real estate professionals Read More > ...

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Commercial Leases – The Right to Assign or Sublet, a Potential Trap for the Unwary Tenant

Commercial leases tend to be negotiated for long periods of time (10 or 15 year leases are not uncommon), especially if the tenant is making significant Read More > ...

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2014 New Laws Impacting Real Estate – Part 1

Another year, another set of new or revised laws.  There are 100s of new or revised laws this year for California, several of which impact the Read More > ...

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The Penalty Provision That Wasn’t

Under California law a “penalty provision”, or an unreasonable liquidated damages provision, is not enforceable.  Over the years public policy has changed to allow for more Read More > ...

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Cross-Complaints May Prohibit You From Collecting Attorney Fees

Recently, there have been a series of decisions in California that have limited the recovery of attorney fees.  In my previous blog article titled, “Can you Read More > ...

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Adverse Possession Awarded Without Paying Taxes

In past blog articles, we have discussed the doctrine of adverse possession, and some of the difficulties in prevailing on an adverse possession theory.  In order Read More > ...

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Disclosure Series

As real estate attorneys, Brewer Offord & Pedersen LLP cannot stress enough to real estate agents and sellers the importance of properly disclosing information pertaining to Read More > ...

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Party Awarded Attorney Fees Despite Losing Contractual Claims

Attorney fee provisions often drive lawsuits, and become a significant battle after the trial is over.  The recent case of Maynard v. BTI Group was no Read More > ...

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Negotiating Commercial Leases – Back to Basics

Understanding Square Footage and How it Affects Your Lease Previously, my colleagues wrote blogs regarding commercial leasing considerations for tenants and commercial evictions,  but today I Read More > ...

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Contractor’s Tort Liability Ends at Completion of Construction

In a recent case called Neiman v. Leo A. Daly Company the California Court of Appeal upheld summary judgment awarded to an architect based on his Read More > ...

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Following California’s Right to Repair Act to the “T”

With the increase in new homes sprouting up in the greater Bay Area it is important to understand California’s Right to Repair Act.  The California Court Read More > ...

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Arbitration is no Longer a Safe Haven for Unlicensed Contractors

California Business & Professions Code § 7031 (a) provides, in part, that “no person engaged in the business or acting in the capacity of a contractor, Read More > ...

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Hey Vanna, Can I Buy A Comma?

How the absence of a comma in a Listing Agreement cost a broker a $340,000 commission. How important is it to be accurate in your listing Read More > ...

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Preparing Your Disclosures When you Sell Your House

Check out this animated video discusses what to look out for while preparing  your disclosure documents when selling your property. Video Script CLIENT:                 We have decided Read More > ...

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Homeowners Association Found to Have Equitable Easement Despite Lack of Recorded Document

Sumner Hill is a homeowners association in a gated community in Madera County.  The Sumner Hill residents historically enjoyed access to a private road that leads Read More > ...

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It’s a Good Day to be a Developer

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Home Remodel Contracts – First Things First

In my previous blog article I discussed Fixed Price contracts and Cost Plus contracts. I intend to post a series of blog articles outlining the ways Read More > ...

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Insurance for Your Remodel – Something No One Thinks About Until a Catastrophe Happens.

My colleague Charlie Bronitsky has been sharing tips for revising home improvement contracts and working with General Contractors. As The Homeowner, Make Sure You Are Insured Read More > ...

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Summary of new California Real Estate Laws for 2012

The new year brings with it new laws and some of these may affect you and/or your clients. The following are effective January 1, 2012. NEW Read More > ...

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Home Improvement Contracts – Part III

This is the third of my home remodel blog article series about how to protect yourself when contracting for a remodeling of your home. To review Read More > ...

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Wait, This is Binding? Is a Lease is Enforceable Even Though the Agreement Lacks Essential Terms?

In the 2011 case of First Nat. Mortg. Co. v. Federal Realty Inv. Trust, 631 F.3d 1058 (9th Cir. 2011), the Ninth Circuit Court of Appeals Read More > ...

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Advanced Collection Techniques to Collect on Your Judgment or “Pay Up, You Deadbeat!”

I’ve written in the past about the most passive method of collection, which is to simply record Abstracts of Judgment and assuming your judgment debtor has Read More > ...

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Protecting Your Pocketbook During Construction on Your Home

This is my fourth article regarding home remodel contracts. If you have not seen the basics, please take a look at my earlier articles ” Home Read More > ...

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Mechanic’s Lien Law Changes

As of January 1, 2011 Mechanic’s Lien law has started changing here in California. Two changes are already in effect and the entire section of the Read More > ...

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Mechanics’ Lien Law Changes Coming Soon

On July 1, 2012, just three months from now, an all new series of mechanics’ lien laws will be in place in California.  This new law, Read More > ...

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Federal Court Holds That There Is Still a Difference Between a Note and a Mortgage

Although most people in California refer to a loan secured by a house as a mortgage, the legally accurate terminology is a promissory note secured by Read More > ...

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Home Remodel Contracts

There are many different complications that can occur during a remodel. If you are a homeowner looking to enter into a construction contract, this article will Read More > ...

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We’ve Seen Some Weird Stuff

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...

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Homeowner’s Rights Under SB800, Including The Ramifications of the Homebuilder-Seller Unsuccessfully Trying to Circumvent SB800’s Pre-Litigation Procedures

In February 2011, a new California Appellate decision was published effecting a homeowner’s rights after purchasing a newly constructed home. However, before delving into this legal Read More > ...

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