General Contractor - Affirmative Defenses

Useful Rulings on General Contractor - Affirmative Defenses

Recent Rulings on General Contractor - Affirmative Defenses

FAHERTY V. SEWELL

Alleged Affirmative Contribution to Plaintiff’s Injuries The Privette/Toland/Hooker line of cases all involve general contractors or property owners contracting/hiring independent contractors to perform services. (See Discussion in Ray v. Silverado Constructors (2002) 98 Cal.App.4th 1120, 1126-1128.)

  • Hearing

STANLEY W. COOK VS ALBINO CONSTRUCTION, INC.,

Civil Code §936 states: “Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract.”

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

BAYSIDE OWNERS ASSOCIATION VS. BOSA CALIFORNIA LLC [E-FILE]

Pursuant to CC § 936: Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract. Greystone Homes, Inc. v.

  • Hearing

  • Type

    Complex

  • Sub Type

    Writ

BUTZ V. VALUE ROCK REALTY PARTNERS

., and SUB-ZERO EXCAVATING are and at all times relevant herein were general contractors and/or sub-contractors retained by or on behalf of VALUEROCK to administrate and construct the improvements to the Lake Forest Gateway development. … 14. Defendants VALUEROCK REALTY PARTNERS, KPRS CONSTRUCTION SERVICES, INC., FLATIRON ELECTRIC GROUP, INC., and SUB-ZERO EXCAVATING obstructed access to and closed existing public rights of way to pedestrian traffic. 15.

  • Hearing

GRANITE PARK ASSOCIATION VS. WREC SAN PASQUAL

Plaintiff also argues that Civil Code § 936 expands the affirmative defenses for general contractors, subcontractors, material suppliers, design professionals and product manufacturers, but not for builders.

  • Hearing

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract.

  • Hearing

  • Type

    Complex

  • Sub Type

    Writ

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract.

  • Hearing

  • Type

    Complex

  • Sub Type

    Writ

MONTAIRE COMMUNITY VS TRIMARK

Civil Code §936 explicitly extends liability under the Act to, inter alia, design professionals. Since the Act specifically establishes "negligence standards" for design professionals, it appears that a violation of the statute may constitute negligence per se. Here, Plaintiff's allegations in ¶¶36 through 38 of the Complaint are sufficient to factually allege that Earth Systems (among others) violated specific standards set forth in §896 and that those violations caused Plaintiff harm. 6.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

SHERWOOD DEVELOPMENT VS. AGOURA SASH & DOOR

Ranchwood is also clearly distinguishable on its facts, in that the developers in question in that case acted as both developers and general contractors for the construction projects at issue. (See Ranchwood, supra, at p. 1404.)

  • Hearing

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