Porter Scott has assembled a dynamic and vibrant team of construction law specialists who provide their clients with practical insight and solutions to the current legal challenges presented by every phase of the construction process.

Porter Scott’s construction attorneys have extensive experience representing both public and private clients in construction matters – including successful handling of multimillion dollar claims. The firm’s services include representing developers, general contractors, sub-contractors, suppliers, owners and design professionals in the preparation, defense and prosecution of a variety of different types of construction lawsuits including:

  • Construction defect
  • Construction contract disputes
  • Bonding issues and disputes
  • Errors and omissions claims against design professionals
  • Indemnity claims
  • Mechanics’ liens, stop notices and collection matters
  • Mold litigation defense
  • Site accidents
  • Roadway design and maintenance
  • Errors and omissions disputes

Summary judgment was granted by the United States District Court arising out of a cross-claim on an adversary proceeding in bankruptcy court.  The debtor was a general contractor who alleged causes of action for negligence, equitable indemnity, and breach of fiduciary duty.  The general contractor was seeking bankruptcy relief and one of the creditors were homeowners who had paid the contractor to construct a residence.  The general contractor then wrongfully blamed the insurance broker for not procuring the right type of insurance for him.  Although the claims against the insurance broker were false, the Court agreed that the statute of limitations had run on all causes of action and judgment was entered in favor of the insurance broker.

Successfully defended target defendant involved in construction defects totaling an alleged $100 million at a Northern California Indian Casino.

Successfully represented plaintiff as prevailing party in a jury trial involving construction defects at plaintiff’s residence exceeding 10,000 square feet.

Currently representing a local contractor in one of the largest construction defect cases in California, with more than 70 parties in the action and more parties still being added. The complaint has alleged defects at the Jackson Rancheria hotel, casino and accompanying parking structure with multi-million dollars alleged in damages.

Obtained a defense judgment for local auto dealership after a 5-day jury trial against one of California’s largest consumer rights litigation firms. Complaint alleged violations of state and federal consumer protection laws, including breach of implied warranty, also known as “Magnuson-Moss” claims.

Important Update for Design Professionals

Upcoming Senate Bill 885 Following the infamous rulings in Crawford v. Weather Shield and UDC-Universal Development v. CH2M Hill, anybody associated with the construction industry knows that almost every construction contract contains an indemnity provision that …

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Supreme Court Expands Public Entity Liability On Dangerous Conditions Claims Involving Third-Party Conduct

Can a public entity be liable for dangerous condition of public property if a third party causes plaintiff's accident and there is no causal connection between the condition of the public entity's property and the …

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Court Rules That Information-Regardless of Timing-Is Key to the Reasonableness of a C.C.P. Section 998 Offer to Compromise

by: David Melton, Lindsay Goulding and Colleen Howard California’s Second District Court of Appeal held on January 15, 2013 that a plaintiff’s offer to compromise pursuant to Code of Civil Procedure § 998 was reasonable, and thus …

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Privette Doctrine Strengthened – Duties Owed By Hirer Of Independent Contractor Further Restricted

by: Chad S. Tapp and Matthew R. Day California law has long held that when employees of independent contractors are injured at the workplace, the employee cannot sue the party that hired the independent contractor.  (Privette …

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California Mechanic’s Lien Laws – What You Don’t Know Will Hurt You

by: Chad Tapp and Gwen Scott As any well informed contractor, subcontractor or supplier already knows, the California Constitution gives you the right to a mechanic’s lien for the value of labor and materials provided for …

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