RNG recently obtained a $3.3 million judgment on behalf of a general contractor client.
News & Resources
Rogers Nemeth Germain is pleased to announce that John Marking has joined the firm as a Partner.
California Appellate Court Holds One-Year Statute of Limitations Applies To Disgorgement Claims Under Section 7031(b)Posted September 9, 2020 News
On August 29, 2020, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, Inc., the California Appellate Court for the Second Appellate District held that a one-year statute of limitations applies to disgorgement claims under California Business and Professions Code section 7031, and that the discovery rule does not apply to such claims. In other words, the court held that a section 7031(b) disgorgement claim accrues one year after the completion or cessation of the performance of the act or contract at issue.
RNG Obtains Total Defense for General Contractor Client Against Subcontractor Extra Work and Change Order ClaimsPosted March 26, 2018 News
RNG Obtains Total Defense
Most contractors are familiar with the Eichleay formula, undoubtedly the most common method of calculating home office overhead damages on construction projects in the United States. Nonetheless, it is not uncommon for a California contractor or construction attorney pursuing such claims to be met with cries of “Eichleay has never been approved by a California appellate court!” from the other side. A December 30, 2015 decision from the Sixth Appellate District should finally silence such cries, and confirm that Eichleay is the method for calculating home office overhead damages in California.
At the end of last year’s legislative session, the Governor signed into law SB 854, which mandates several changes in public contracting and prevailing wage laws which take effect in 2015. The Governor also signed AB 1939, which creates a private right of action for a contractor to recover from a private "hiring party" the added labor costs, penalties and legal fees resulting from the failure to pay prevailing wages if the hiring party, owner or developer failed to advise the contractor that the project was subject to the prevailing wage law.
RNG Successfully Defends $37 Million Breach of Contract Action and Obtains $8.8 Million Award for Design/Build Hospital ContractorPosted March 12, 2015 News
RNG represented hospital design/build contractor HBE Company and performance bond sureties Travelers and CNA in this dispute with Kaiser Foundation Hospitals relating to the design and construction of a $300 Million Kaiser hospital.
One year ago this week, RNG was founded by Chris Rogers, David Nemeth and Mike Germain based on a mission of providing superior, innovative and cost effective legal services to the construction industry.
On September 28, 2014, the California Legislature enacted Assembly Bill (“AB”) 1897, which created California Labor Code section 2810.3. The new law holds companies accountable for violations of workers’ rights committed by their labor suppliers.