Construction & Claims: 2023

Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes.
The California Supreme Court Clarifies the Failure to Warn Test for the Government Claims Act’s Design Immunity Provision
In Tansavatdi v. City of Rancho Palos Verdes (2023) 14 Cal.5th 639, the California Supreme Court held that Government Code section 830.6, which protects public entities from claims alleging dangerous conditions on […]

By | September 1st, 2023 ||

OFCCP Publishes CSAL For Construction Contractors

In June 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a new Corporate Scheduling Announcement List (CSAL) for construction contractors. The latest CSAL identifies 250 federal contractors, federally assisted contractors and federally assisted subcontractors for compliance evaluations.

While the agency is not required to publish the CSAL, it serves as a “courtesy notification” to contractors who are selected by the OFCCP for a compliance evaluation. According to the OFCCP, the CSAL provides contractors with notice […]

By | August 3rd, 2023 ||

Different Types Of Indemnity And Their Relative Enforceability In Construction Litigation

Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context?

Indemnification is a means to shift the risk to some other party, regardless of who is at fault, such that one party, the indemnitor, is required to pay for the damages and costs […]

By | August 1st, 2023 ||