SRBX Construction Legal Committee is composed of highly specialized attorneys who possess expertise on legal matters pertaining to state and federal rulemaking, regulations and other matters related to construction law, regardless if it is public, private, large projects or small entrepreneurial endeavors, government bids or private engagements.
The council strives to educate and provide SRBX members with innovative solutions and the best possible information on regulatory and legal issues that require specific expertise.
SRBX members are encouraged to contact council members to answer their legal questions and provide guidance from attorneys who have unique expertise in construction law.
Have a legal question?
SRBX members are encouraged to use our toll free hotline at 844-SRBX-LAW (844-772-9529) to connect with an attorney who has unique expertise in an area that you need.
Chair: Megan Shapiro Vice Chair: Chris McCandless Secretary: Gregory Reaume
Articles & Insights
Do Not Lose Your Mechanics Lien Right Through a
By William Porter
If you are a member of the California construction industry you might know that the right of a contractor, subcontractor or
supplier to record a mechanics lien to protect the right to payment is well protected by state law...continued.
Small Employers: CFRA Now Applies to You Too!
By Barbara Cotter
While California’s current unpaid family sick leave law is restricted to employers of 50 or more employees, the new law requires employers with just five or more employees to provide such leave...continued.
CA Independent Contractor Law Continues to Evolve
By Stephen McCutcheon
Assembly Bill 2257 provides comprehensive clarifications and changes to Assembly Bill 5 that went into effect in January. The "ABC" test is still used to determine independent contractor status, but a number of provisions are modified to clarify exemptions, and in some instances make them less restrictive...continued.
FFCRA Paid Leave Rights
By Lisa Ryan
As employers were faced with confronting new leave of absence rights due to COVID-19, many looked to the Department of Labor for guidance to better understand their obligations under the Families First Coronavirus Recovery Act (FFCRA). If a recent ruling from a New York federal judge holds, paid leave under FFCRA will be expanded. Find out what this means for California employers...continued
Employers Have the Burden to Prove COVID-19 Was Not Contracted at Work
By Lisa Ryan
According to Governor Newsom, “If you’ve tested positive with COVID-19, by a physician, then you are eligible for this workers’ comp benefit. It can only be rebutted by your employer but under strict criteria.”...continued.
Small Businesses in the Era of COVID-19: Survival, Bankruptcy, and Restructuring
By Hannah Kreuser
If you own a business, you must read this article so that you know what tools are available to you as your navigate these challenging times during the COVID 19 pandemic...continued.
Proactive Measures to Protect Your Construction Company in Unprecedented Times
By Dan Steinberg and Jessica Robison
Early intervention to ensure contract compliance and detailed documentation procedures is an important step to help manage some of the uncertainty and risks facing the construction industry right now. We offer the following recommendations to proactively protect your construction company...continued.
Can an Owner Preemptively Avoid a Mechanics Lien?
By William Porter
Valid Process? Unconstitional? Invitation for Legislative Change?
As someone who practices and teaches construction law, I have noticed a seldom used statutory tool that seems to provide a mechanism for property owners under certain circumstances to prevent subcontractors and suppliers from imposing enforceable mechanics lien on property where work was performed...continued.
Lack of License May Result in Refunding All Payments for Project
By William Porter
Contractor Lacking License at Any Time During Construction Project Can be Compelled to Refund All Payments Received During Entire Project; A Prejudgment Writ of Attachment May Secure Refund...continued.
NLRB Allows Searches of Employees' Personal Property
By Ian Sangster & Lisa Ryan
The decision is one of a series since the NLRB revised the standard for analyzing the lawfulness of facially neutral employer rules and policies.
Despite finding such policies lawful, employers should use discretion when deciding whether to actually engage in any search of employee personal property to ensure there is a legitimate business reason for such a search...continued
Killer Subcontract Provisions
By Patrick McNamara
We are frequently requested by subcontractor clients to review the subcontract that has been prepared by the prime contractor, before ...continued.
Could COVID 19 Coverage be Hidden in Your Insurance Policy?
By Candice B. Harper, Kimberly A. Gambrall
Given the uncertainty of coverage for COVID-19 related events, if you are a business owner it is worth reviewing your insurance policies for potential coverage. While many insurance carriers have initially denied coverage to policyholders, that may not be the last word...continued.
How Important Is a Preliminary Notice?
By Chris A. McCandless
Contractors and others contributing to construction projects possess potent remedies when it comes to getting paid for their work or materials...continued.
These Boots are Made for Working
By Lisa Ryan
Court Rules California Employers Must Pay for Employee Work Boots...continued.
The Shifting Sands of Alternative Dispute Resolution
By Tim Scully
In California there are few tools which work to protect the employer, and California employers may have just lost another one...continued.
7 Mistakes CA Contractors Make that Threaten Their License...and How to Avoid Them
By Ernest C. Brown, Esq. P.E.
Nothing on this website is intended as legal advice. If you need legal advice, please consult an attorney. We attempt to update the information on this website as soon as practicable following changes or developments in the laws and rules affecting California employers, but we make no warranties or representations, express or implied, about whether the information provided is current.