Requiring a subcontractor to name an owner and prime contractor as “additional insureds” under the subcontractor’s liability policy is a common method to transfer risk on a construction project. When a subcontractor comes onto a project, an owner and prime contractor are potentially exposed to liability risks for that subcontractor’s negligence and additional insured endorsements represent a way to apportion these risks. The…
Recently, in Blanchette v. Superior Court, (2017) 8 Cal.App.5th 521, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the homeowner is released from the requirements of SB800 and may proceed with the filing of a lawsuit.
In Valley Crest Landscape v. Mission Pools, (2015) 238 Cal.App.4th 468, a California Court of Appeal held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to defend and indemnify claims arising out of its performance of work under the subcontract agreement.
Plaintiff Seahaus La Jolla Homeowners Association (“Association”) sued La Jolla View Ltd., LLC, et. al. and Webcor Construction L.P. , the developers and builders (collectively referred to as “Defendants”) of a common interest development, claiming construction defects alleging water and other damages to the common areas of the common interest development and individual units.