CALIFORNIA CONSTRUCTION CONTRACTS, DEFECTS, AND LITIGATION (1st Edition) November 2015 TABLE OF CONTENTS

Transcription

1 CALIFORNIA CONSTRUCTION CONTRACTS, DEFECTS, AND LITIGATION (1st Edition) November 2015 TABLE OF CONTENTS File Name Book Section Title CH01 Chapter 1 Contractor Licensing; Remedies for Unlicensed Work Form Provision: Allegation re Cause of Action Against Surety on License Bond CH02 Chapter 2 Drafting Construction Contracts Contractor s License Notice Introduction; Parties 2.60 Description of Work 2.61 Property Lines 2.62 Payment (Lump-Sum) 2.63 Time for Start and Completion 2.64 Delay Beyond Contractor s Control 2.65 Liquidated Damages for Delay 2.66 Drawings, Specifications, Permits, and Fees 2.67 Payment by Contractor for Labor and Material 2.68 Interpretation of Contract, Drawings, and Specifications 2.69 Extra Work, Changes, and Deletions 2.70 Allowances 2.71 Completion and Occupancy 2.72 Insurance 2.73 Warranty of Work and Correction Guaranty 2.74 Indemnity 2.75 Arbitration 2.76 Time of the Essence 2.77 Cleanup 2.78 Attorney Fees 2.79 Assignment 2.80 Other Documents 2.81 Contractor s License Notice 2.82 Notice 2.83 Integration 2.84 Governing Law 2.85 Signatures; Contractor s License Number 2.86 Independent Investigation 2.87 Right to Stop Work 2.88 No Right to Stop Work 2.89 Option to Terminate Time of the Essence 2.90 Right to Demand Bond 2.91 Corrective or Repair Work 2.92 Right to Approve Financial Arrangements 2.93 Contract Not Conditioned on Financing 2.94 Contract Conditioned on Financing 2.95 Repossession of Materials 2.96 Personal Liability

2 2.97 Building Department Requirements 2.98 Payments Not Constituting Approval 2.99 Final Payment Waives Claims Waiver of Surety s Right to Approve Change Orders D 2.103D Mechanics Lien Warning E 2.103E Contractors State License Board (CSLB) Notice F 2.103F 3-Day Right to Cancel G 2.103G Notice of Cancellation (3-Day) H 2.103H 7-Day Right to Cancel I 2.103I Notice of Cancellation Home Improvement Contract C 2.111C Notice to Buyer Form Provision: Payment and Financing Form Provision: Acknowledgment Form Provision: Disclosure Provisions Notice of Right of Rescission Parties and Introductory Clause Description of Work Subcontractor Investigations Incorporation of Prime Contract Subcontract Payment Payment Schedule Effect of Payments Payments in Trust Commencement and Progress of Work; Delay Protection of Work and Property Extra Work, Changes, and Deletions Subcontractor s Claims Guaranty of Work Bond Requirements Superintendent Cleanup Job Safety Taxes, Licenses, and Fees Labor Matters Arbitration Alternative Equipment, Material, or Method Insurance Indemnity Default and Termination Releases and Proof of Payment Attorney Fees Assignment Bankruptcy Notices Integration Governing Law

3 2.155 Contractors License Notice, Signatures, and License Number CH03 Chapter 3 Design-Build Checklist: Contract Issues to Be Considered in Design- Build Checklist: Issues Owner Should Review in Preparing Contract Documents Owner as Third Party Beneficiary 3.27 Design-Builder s Responsibility for Errors and Omissions 3.28 Arbitration Within Owner s Discretion 3.29 Owner s Right to Terminate 3.30 No Damage for Delay 3.31 Relationship of Trust and Confidence 3.32 Design-Builder s Obligation to Obtain Permits 3.33 Errors and Omissions Insurance CH04 Chapter 4 Green Building Checklist: Factors Influencing the Decision to Build Green H 4.26H Checklist: Key Documents to Review for Purchase of Renewable Energy I 4.26I Checklist: Lenders Concerns for Financing Renewable Energy Projects Checklist: Early Actions Checklist: Advising Owners Checklist: Advising Contractors Checklist: Advising Design Professionals CH07 Chapter 7 Arbitration Checklist: Drafting an Arbitration Clause Checklist: Drafting Submission Agreement AAA Arbitration Clause Long Form Arbitration Clause Petition for Order Compelling Arbitration Notice of Hearing on Petition Order Compelling Arbitration Notice of Motion to Stay Action Declaration in Support of Motion to Stay Action Memorandum in Support of Motion to Stay Action Petition for Order Nominating Arbitrators Order Nominating Arbitrators Petition for Order Appointing Arbitrator Order Appointing Arbitrator Arbitration Award Petition to Confirm Arbitration Award Response to Petition; Application for Vacation of Award CH09 Chapter 9 Handling Disputes During Construction Checklist: Public Projects Checklist: Public and Private Projects Checklist: Construction Terminology Checklist: Principal Parties

4 Checklist: Review Resolution Methods Checklist: Review Contract Checklist: Review Statutes Checklist: Who Needs a Contractor s License Checklist: Who Does Not Need a Contractor s License Checklist: Licensing Qualifications Checklist: Bidding Process in General Checklist: Owner s Steps if Contractor Refuses to Proceed Checklist: Proceeding With Bid Protest Checklist: Owner s Actions Checklist: Contract Interpretation Checklist: Owner s Measures to Prevent a Claim of Implied Abandonment Checklist for Owner: Evaluate Options When Defective Work Is Discovered Checklist: Owner s Actions When Defect Discovered Before Project Completion Checklist: Owner s Actions When Defect Discovered After Project Completion Checklist: Action Following Receipt of Disputed Notice of Defect Checklist: Contractor s Actions if Owner Is Responsible for Delay Checklist: Owner s Actions if Contractor Is Responsible for Delay Checklist: Contract Requirements Checklist: Owner s Prompt-Payment Statutes (Progress Payments) Checklist: Contractor s Prompt-Payment Statutes (Progress Payments) Checklist: Retention Proceeds (Owner and Contractor Payment) CH13 Chapter 13 Construction Defects: Contribution, Equitable Indemnity, and Good Faith Settlement Cross-Complaint for Breach of Contract, Breach of Express and Implied Warranties, Negligence, Strict Liability, Contribution, and Indemnity Order Determining Good Faith Settlement and Dismissing Cross-Actions CH14 Chapter 14 Construction Defects: Case Management and Mediation Checklist: Initial Preparation of Case Checklist: Crucial Issues When Interviewing Subcontractor Checklist: Claims and Document Analysis Checklist: Insurance Tenders; Additional-Insured Requirements

5 Checklist: Evaluating Claim Checklist: Expert Meetings Plaintiff s Premediation Checklist Settlement CH15 Chapter 15 Prelitigation and Litigation Requirements Unique to New Residential Construction Notice of Claim Acknowledgment of Notice (CC 913) Offer to Repair (CC 917) APP Appendixes APPENDIXES APP-A APP-A Prime Contract Between Owner and Contractor: Cost Plus Percentage With Guaranteed Maximum APP-B APP-B Case Management Order