Cases: Construction

Construction/Reasonableness Of “Fees On Fees”: On Third Appeal, Trial Court Mainly Gets Award Of Prompt Payment Statutory Fees Right

Cases: Construction, Cases: Reasonableness of Fees

  However, Appellate Court Found Small “Fees on Fees” Award To Be Abuse of Discretion.      In a third round of appeals, P&D Consultants, Inc. v. City of Oakland, Case No. D060760 (4th Dist., Div. 1 Nov. 27, 2013) (unpublished), the appellate court considered whether the trial judge properly fixed attorneys’ fees under California’s prompt […]

Construction: Contractor Not Entitled To Fee Recovery Under Government Code Section Only Allowing Recovery To Local Agency

Cases: Construction

  Former Payment Bond Fee Entitlement Section Inapplicable Because Record Did Not Show Public Project Involved.      In Nissho of Calif., Inc. v. Bond Safeguard Ins. Co., Case No. E052746 (4th Dist., Div. 2 Oct. 22, 2013) (published), contractor recovered over $1 million against owner and surety giving a payment guarantee through bonds for offsite

Arbitration/Construction/Prevailing Party: $901,085.27 Fee Recovery Goes POOF! When Appellate Court Determines That Defendant Was Dismissed After Arbitration With Other Parties

Cases: Arbitration, Cases: Construction, Cases: Prevailing Party

  Defendant Was Neither a Party to the Property Owner-HOA Settlement Nor Resulting Arbitration.      Owner hired contractor to convert a hotel it owned into apartments and retail space. A few years later, the apartments were converted to condos and sold to the public, with an HOA being formed. Owner had to disclose certain construction

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