RockBlog
Know the Key: The Importance of the Preliminary Notice
Posted by Jennifer L. Gregg on Wed, March 18th, 2015, 8:16 am
What do you do if faced with a contractor or customer unwilling or unable to pay for labor or materials? When a contractor or supplier comes to me with this problem, the first question I always ask is, “Did you serve a Preliminary Notice?” I then ask, “When was the Preliminary Notice served?” The answers to these questions will often determine their ability to recover money owed.The Preliminary Notice is the most powerful tool available for ... Read More
How Not to Get Sued
Posted by Jennifer L. Gregg on Wed, March 18th, 2015, 8:16 am
Without a doubt, one of the most common questions I get from folks in the construction industry is “how do I avoid getting sued?” Unfortunately the answer is “you can’t.” There’s no magic shield to prevent lawsuits. The United States is a highly litigious country where we can sue anyone for just about anything, and everyone is entitled to their day in court. Anyone who owns a business realizes that whenever you do business with another ... Read More
Don't Dig Yourself Into a Disaster
Posted by Jennifer L. Gregg on Wed, March 18th, 2015, 8:16 am
If you do any excavation work, this article is for you.The national "Call Before You Dig" number 811 was created to protect contractors from unintentionally hitting underground facilities while working on digging projects. People digging often make assumptions about whether they should get their utility lines marked and sometimes choose not to mark lines due to concerns about project delays or costs.Any person planning excavation work is required by California Government Code 4216 to contact their ... Read More
General Contractors: Watch Out for Unlicensed Subcontractors
Posted by Jennifer L. Gregg on Wed, March 18th, 2015, 8:16 am
As a General Contractor, did you know that under California law you can be held responsible to pay the wages of unpaid employees of an unlicensed subcontractor? According to California Labor Code section 2750.5, as a general contractor you could be considered the employer of the people who work for your subcontractor, and thus held liable to pay their proper wages.The 2009 California Court of Appeal case, Sanders Const. Co., Inc. v. Cerda confirmed this fact ... Read More
Attention Contractors and Subcontractors: You Have a Duty to Report Hazards...Even If You Did Not Create Them
Posted by Jennifer L. Gregg on Wed, March 18th, 2015, 8:16 am
Graniterock’s legal team recently reviewed a case that offers an important reminder to all construction contractors – California law imposes a duty to report jobsite hazards to the project owner or general contractor, even if you did not create the hazard. That reminder comes from the 2009 California Court of Appeal case of Miguel Suarez v. Pacific Northstar Mechanical, Inc. (PNM), which found a construction contractor that knew of a jobsite hazard, but kept quiet about ... Read More
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