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  • Recent Court Decisions Provide Clarity in Disgorgement Disputes with Unlicensed Contractors

    By Procopio Partner Mary A. Salamone Should a contractor in California undertake any construction-related project while failing to be properly licensed at any stage during the project, state law allows the client to recoup all compensation paid to the contractor, even if the client knew the contractor was unlicensed. This draconian action, known as disgorgement, is a severe incentive for contractors to proactively ensure all licenses are valid whenever performing work. Two recent Californ...

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  • Recent Court Decision Affects Enforceability of Pay-When-Paid Clauses

    By Procopio Partner Mary A. Salamone Construction contracts are exchanged so routinely that it is not uncommon for contractors to give the documents a quick glance or not even read them altogether before signing. Even when a contractor examines a contract thoroughly, legal terminology with profound impact may be overlooked. Since it is rarely feasible to have an attorney read every contract, the best course of action for contractors to avoid risk is to understand some of the key things to...

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  • Preserving Construction Claims in the Face of COVID-19

    By Procopio Partner Mary A. Salamone With each passing day, it seems that there is no end in sight to the far-reaching impacts of the COVID-19 virus (commonly known as the novel coronavirus). Along with the heartbreaking human impacts, businesses in numerous industries are also being hard hit. The U.S. construction industry will certainly not be spared. This pandemic will deliver an unprecedented blow to the construction industry, unleashing a barrage of claims for delay and cost over...

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