1. August 24, 2016

    Court Denies CBIA’s Request for Preliminary Injunction Aimed at Stalling Imposition of Level III Developer Fees

    BY: Martin A. Hom, Lindsay Thorson, Andreas Chialtas

    At the May 25, 2016, State Allocation Board (SAB) meeting, the SAB authorized, for the first time ever, the imposition of Level III Developer Fees finding that no state funds were available for new construction projects.  On May 26, 2016, in response to California Building Industry Association (CBIA) filing a Petition for Writ of Mandate […] more

  2. May 27, 2016

    Temporary Restraining Order Issued On State Allocation Board Finding That No State Funds Are Available For New Construction Projects For Level III Developer Fees

    BY: Martin A. Hom, Terry Tao, Andreas Chialtas, Constance Schwindt, Lisa Allred, Lindsay Thorson

    At the May 25, 2016, State Allocation Board meeting, the State Allocation Board authorized, for the first time ever, the imposition of Level III Developer Fees.  Developer Fees or school impact fees are paid by property owners and developers to mitigate the impacts of new construction on the school district’s facilities.  There are three levels […] more

  3. March 7, 2016

    Mass Emailing Can Expose Employers to Defamation Liability

    BY: Alyssa Ruiz de Esparza, Cathie Fields

    On February 11, 2016, a federal district court in New York allowed a former executive to proceed with his defamation lawsuit against the company that terminated him. (McCusker v. Hibu PLC (E.D.N.Y. 2/11/16) 2016 WL 538472.) This lawsuit was spurred by the company’s circulation of a mass email informing all current employees, beyond senior management, […] more

  4. December 18, 2015

    May Your Days Be Merry and Bright, and Your Drones be Registered for Flight

    BY: Sharon Ormond, Jacquelyn Takeda

    On December 14, 2015, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) released a “final interim rule” for registering unmanned aircraft systems (UAS), or drones, just in time for the holiday season.  (Note: Although the new rule goes into effect on December 21, 2015, the FAA has also created a second “notice and comment” […] more

  5. July 7, 2015

    Drones: Coming to a School Near You

    BY: Bryan Martin, Todd Goluba

    Look, up in the sky! It’s a bird!  It’s a plane! No…it’s an unmanned aerial device!  No longer the stuff of science fiction, we hear nearly every day about new stories in the media involving unmanned aerial devices – aka drones: La Guardia-Bound Jet Has Close Call with Drone (May 29, 2015, NBCNEWYORK.com) Dallas Cowboys […] more

  6. April 16, 2015

    Assembly Bill 219 – Seeking to Expand Definition of “Public Work” to Include Delivery of Ready-Mix Concrete

    BY: Suparna Jain, Bryce Chastain, Hugh Lee

    Newly introduced AB 219 seeks to amend Labor Code section 1720.3, relating to the definition of “public works.”  Existing law defines “public works,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outside disposal […] more

  7. January 15, 2015

    Public Agencies May Withdraw Retained Funds Held in Escrow for a Construction Project Following a Contractor’s Default without Judicial Determination

    BY: Jonathan Vick, Hugh Lee, Spencer Wampole

    In a recent decision, Pittsburg Unified School District v. S.J. Amoroso Construction Co., Inc. (December 22, 2014), the California Court of Appeal affirmed that public agencies have the right to unilaterally declare a default under a construction contract and demand a distribution of securities retained by escrow.  The Court based its decision on Public Contract […] more

  8. October 3, 2014

    Clarification ~ Mandatory Prequalification Requirements Now Apply to Lease-Leaseback Agreements

    BY: Martin A. Hom, Hugh Lee

    The new law becomes operative on January 1, 2015.  Therefore, any lease leaseback project that is awarded after January 1, 2015, involves a projected expenditure of $1,000,000 or more, and uses any money from the Leroy F. Greene School Facilities Act of 1998 or any future state school construction bond must comply with the mandatory […] more

  9. October 2, 2014

    Mandatory Prequalification Requirements Now Apply to Lease-Leaseback Agreements

    BY: Martin A. Hom, Hugh Lee

    On September 18, 2014, Governor Brown signed AB 1581 which amended Education Code sections 17406 and 17407 (the lease leaseback statutes) to expressly provide that the mandatory prequalification requirements apply to the lease-leaseback delivery projects.  The mandatory prequalification requirements set forth in the new Public Contract Code section 20111.6 apply to any school district public […] more

  10. August 20, 2014

    Recent Court of Appeals Decision Suggests a Stop Notice Served Before a Notice of Completion or Notice of Cessation is Recorded is Premature and thus Ineffectual

    BY: Suparna Jain, Joseph Rossini, Hugh Lee

    Recently, the California Court of Appeals, Fourth District, Division Two, issued its decision in Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water District, Safeco Insurance Company (2014 WL 3615942) with important implications regarding, among other things, when a stop notice may be deemed premature and ineffectual. The Eastern Municipal Water District (“EMWD”) […] more