The Estuary Owners Assn. v. Shell Oil Co.

Lawsuit alleging that defendant had contaminated real property through its ordinary business operations on the site, which it had used as a bulk terminal for petroleum products, was barred by three-year statute of limitations applicable to injuries to real property.  The trial court erred in granting Shell summary judgment on plaintiff’s nuisance claims based on…

Gillotti v. Stewart

The Right to Repair Act applies to all construction defects in new housing and affords an exclusive remedy, preempting any common law claims, even when the homeowner sustains actual damage. Disagreeing with Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, this decision holds that the Right to Repair Act applies…

City of Los Angeles v. AECOM Services, Inc.

Nothing in the Americans with Disabilities Act or the Rehabilitation Act preempts a city’s express indemnity claim against its architect and building contractor; although the city cannot escape its responsibilities under those acts, it may recoup from those whose errors caused the violations. Los Angeles was sued for violation of the ADA, Title II and…

Oltmans Construction Co. v. Bayside Interiors, Inc.

A subcontractor need not indemnify a general contractor for liability arising from the general contractor’s own active negligence but must indemnify for added liability the general contractor incurs in the same action as a joint tortfeasor for injury caused by other tortfeasors’ acts.  Under Civ. Code 2782.05, an indemnity provision in a contract between a…

Blanchette v. Superior Court

A plaintiff-buyer’s notice that does not satisfy the Right to Repair Act’s requirement of describing a construction defect in reasonable detail nevertheless is sufficient to trigger the builder’s 14 day time period for acknowledging receipt of the notice.  Under the Right to Repair Act (Civ. Code 895-945.5), a plaintiff-buyer must give the developer notice of…

Acqua Vista Homeowners Association v. MWI, Inc.

A materials supplier may be held liable under Civil Code 895 for defects in newly built residences only if (a) the supplier is strictly liable in tort, or (b) the supplier contributed to the defects by its own negligent act or omission or breach of contract.  Under the Right to Repair Act (Civ. Code 895),…

Navigators Specialty Ins. Co. v. Moorefield Construction Co.

Insurer owed no duty to indemnify an insured construction contractor under a CGL policy for damages it paid the owner of a building for injury to the building’s flooring, since the injury occurred because the insured performed a deliberate, non-accidental act—ordering the subcontractor to lay the flooring over wet concrete—and there was no additional, unexpected,…

Elliott Homes, Inc. v. Superior Court

The Right to Repair Act, which requires compliance with rules requiring pre-litigation notice and opportunity to repair faulty construction prior to the filing of a suit, was intended to apply to any action for damages arising from deficiencies in new residential construction which was purchased after January 1, 2003.  Reading the Right to Repair Act…

Tidwell Enterprises, Inc. v. Financial Pacific Ins. Co., Inc.

CGL insurer owed its insured, a contractor, a duty of defense against claim that the insured’s mis-installation of a chimney caused a fire that destroyed the house; even though the fire occurred outside the policy period, the wood surrounding the chimney may have suffered progressive deterioration starting in the policy period and ultimately leading to…

Khosh v. Staples Construction Co., Inc.

In lawsuit by a subcontractor’s worker who was injured on the job, summary judgment was properly entered in favor of defendant general contractor, because a general is not responsible for injuries to a sub’s workers unless the general either contributed to the injury or breached a non-delegable duty it owed to the worker, and neither…

Regalado v. Callaghan

A judgment in favor of a contractor’s injured employee and against the homeowner who hired the contractor is affirmed under the “retained control exception” to the independent contractor rule, since the homeowner retained control by assuming responsibility for obtaining building permits and city inspections—one purpose of which is to assure that the work is safely…

Watson Bowman Acme Corp. v. RGW Construction, Inc.

In this suit for extra compensation under plaintiff’s subcontract to supply expansion joints for a bridge overpass construction project, extra compensation was reasonably calculable as it depended solely on the difference in price between cheaper two expansion joint assemblies and the four expansion joint assemblies that the defendant belatedly insisted on, so trial court should…