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RNG Obtains Total Defense for General Contractor Client Against Subcontractor Extra Work and Change Order Claims

Posted March 26, 2018News

 RNG Obtains Total Defense

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California Court of Appeal Endorses Eichleay Formula for Calculating Home Office Overhead Damages

Posted January 13, 2016News

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.

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Important Changes in Prevailing Wage Laws and DIR Regulations

Posted March 12, 2015Legislation

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.

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RNG Successfully Defends $37 Million Breach of Contract Action and Obtains $8.8 Million Award for Design/Build Hospital Contractor

Posted March 12, 2015News

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.

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RNG Celebrates First Anniversary

Posted March 12, 2015News

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.

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Posted October 22, 2014Legislation

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. 

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“Fast and Loose” Equals High Risk on Government Projects - Heightened Scrutiny under the False Claims Act -

Posted October 7, 2014False Claims Act

During the spring of 2013, I wrote extensively about the likely return of heightened scrutiny by the government in the field of the federal False Claims Act.  The following summary presents a highlight of that lengthier treatment.


 Michael D. Germain, Partner



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Stop Payment Notices – An Intentional Decision or a Mistake? Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water District

Posted October 7, 2014Recent Cases

California Civil Code sections 9356 and 9558 and the courts interpreting them have always permitted a rightful claimant to file a proper Stop Notice at any time during the project so long as all other administrative and legal procedures have been satisfied.  Recently, however, the California Court of Appeals in a case titled Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water District tossed a sizeable rock into the proverbial calm pond – and, predictably, the waves are starting to hit shore.

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