New California Law Prohibits Type I Subcontractor Indemnity in Favor of Residential Builders
Anti-Indemnity Statute,California law,Indemnification,Residential Construction
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By: Dion N. Cominos, Esq. Under an Assembly Bill recently signed into law by California Governor Arnold Schwarzenegger, “Type I” subcontractor indemnity agreements in favor of builders entered into after January 1, 2006 will no longer be enforceable in the context of residential construction projects. Existing law provides that Type I indemnity agreements between builders [...]
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Recent California Decision Erodes Certainty of 10-Year Statute of Repose Against Construction Defect Claims
California law,Construction Defects,Statute of Repose
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For many years, contractors and construction lawyers in California understood that a bright line existed regarding potential liability for construction defects – no liability 10 years after substantial completion of the project. The recent decision by the California Court of Appeal in Acosta v. Glenfed Development Corp., 128 Cal.App. 4th 1278 (2005) took a narrow [...]
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