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The California Court of Appeal just handed down an important decision for the design and construction industry:  State Ready Mix, Inc. v. Moffatt & Nichol.  The Court ruled that concrete supplier State Ready Mix, Inc. (State) was unable to pursue any claim for equitable indemnity or contribution against the civil engineer, Moffatt & Nichol (Moffatt). California Court of Appeal Holds… Read More

John Wiley & Sons - December 16, 2014 The Architect’s Handbook of Professional Practice (15th Ed.) by the American Institute of Architects has now been published.  Severson & Werson’s Construction Practice leader David Ericksen authored the chapter on Dispute Management and Resolution.  In drafting this chapter, Mr. Ericksen drew upon his more than twenty years of representing construction professionals in… Read More

We Robot 2014 Conference on Legal and Policy Issues Relating to Robotics - March 27, 2014 The article was accepted for publication by the We Robot 2014 Conference on Legal and Policy Issues Relating to Robotics, University of Miami School of Law, April 4 & 5, 2014.   The article can be found by clicking on the following link and clicking… Read More

The California Court of Appeal handed down an important decision for the design and construction industry, Brisbane Lodging, L.P. v. Webcor Builders, Inc. (http://www.courts.ca.gov/opinions/documents/A132555.PDF).  The Court ruled that sophisticated parties are able to negotiate a specific start to the 4-year statute of limitations for construction defect claims as opposed to being bound by the “delayed discovery rule,” whereby such a… Read More

The California Court of Appeal on December 13, 2012, issued an opinion which is harmful to design professionals performing services in this state, broadening their exposure to claims brought by third-party purchasers of properties which they design. Unless the case, Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP, et al. (“Beacon”), is overturned by the California Supreme Court,… Read More

The California Business and Professions Code forbids “any unlawful, unfair or fraudulent business act or practice.”1 This sounds simple enough, but these nine words, known colloquially as the “unfair competition law” or “UCL,” are the tip of a very large and unwieldy iceberg in our state.  The Increasing Unfairness of the Unfair Competition Law in California Article Read More

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