Understanding the “Privette Doctrine”: The Liability of Owners and General Contractors for Construction Site Accidents

For over 20 years, the “Privette Doctrine” has governed the extent of liability that general contractors and property owners have for worksite injuries suffered by a subcontractor’s employees. In Privette v. Superior Court (1993) 5 Cal.4th 689, the California Supreme Court held that “Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.” Read More

SB 800 Gave Homeowners Rights, Didn’t Limit Them

Four-Year Time Limit for Construction Defect Claims Under Right to Repair Act Doesn’t Apply to Actual Damage Claims

Developers who count on California’s “Builder’s Right to Repair Act,” commonly known as “SB 800,” to close the door on construction defect claims four years after closing or completion of a project should be aware that in many respects they are sadly mistaken. A California Court of Appeals decision last year makes clear that SB 800’s four-year statute of limitations only applies when...

California Employers May Be on the Hook for Some Employee Cell Phone Charges

On August 12, a California appellate court held that when employees must use their personal cell phones for work-related calls, California Labor Code Section 2802 requires the employer to reimburse them. The decision reversed a trial court ruling that denied class certification for a group of employees who were seeking compensation for work-related charges that they had incurred on their personal cell phones. Read More

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