Rogers Nemeth Germain PC http://www.rnglawfirm.com/blog/ Recent Posts en-us Thu, 09 Apr 2026 11:47:47 -0400 RNG Celebrates 10 Year Anniversary http://www.rnglawfirm.com/blog/rng-celebrates-10-year-anniversary/ Mon, 04 Mar 2024 00:00:00 -0500 http://www.rnglawfirm.com/blog/rng-celebrates-10-year-anniversary/ RNG Welcomes Partner Alex Stepanek http://www.rnglawfirm.com/blog/rng-welcomes-new-partner/ Fri, 01 Mar 2024 00:00:00 -0500 http://www.rnglawfirm.com/blog/rng-welcomes-new-partner/ Another RNG Victory! http://www.rnglawfirm.com/blog/another-rng-victory/ RNG recently obtained a $3.3 million judgment on behalf of a general contractor client.

]]> Mon, 15 Aug 2022 19:47:51 -0400 http://www.rnglawfirm.com/blog/another-rng-victory/ Rogers and Nemeth Selected to Construction Lawyers Society of America http://www.rnglawfirm.com/blog/rogers-and-nemeth-selected-to-construction-lawyers-society-of-america/ Thu, 12 Nov 2020 13:08:16 -0500 http://www.rnglawfirm.com/blog/rogers-and-nemeth-selected-to-construction-lawyers-society-of-america/ California Appellate Court Holds One-Year Statute of Limitations Applies To Disgorgement Claims Under Section 7031(b) http://www.rnglawfirm.com/blog/california-appellate-court-holds-oneyear-statute-of-limitations-applies-to-disgorgement-claims-under-section-7031b/ 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. 

]]> Wed, 09 Sep 2020 19:22:19 -0400 http://www.rnglawfirm.com/blog/california-appellate-court-holds-oneyear-statute-of-limitations-applies-to-disgorgement-claims-under-section-7031b/ RNG Obtains Total Defense for General Contractor Client Against Subcontractor Extra Work and Change Order Claims http://www.rnglawfirm.com/blog/rng-obtains-total-defense-for-general-contractor-client-against-subcontractor-extra-work-and-change-order-claims/  RNG Obtains Total Defense

]]> Mon, 26 Mar 2018 18:05:37 -0400 http://www.rnglawfirm.com/blog/rng-obtains-total-defense-for-general-contractor-client-against-subcontractor-extra-work-and-change-order-claims/ California Court of Appeal Endorses Eichleay Formula for Calculating Home Office Overhead Damages http://www.rnglawfirm.com/blog/california-court-of-appeal-endorses-eichleay-formula-for-calculating-home-office-overhead-damages/ 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.

]]> Wed, 13 Jan 2016 15:50:57 -0500 http://www.rnglawfirm.com/blog/california-court-of-appeal-endorses-eichleay-formula-for-calculating-home-office-overhead-damages/ Important Changes in Prevailing Wage Laws and DIR Regulations http://www.rnglawfirm.com/blog/important-changes-in-prevailing-wage-laws-and-dir-regulations/ 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.

]]> Thu, 12 Mar 2015 15:54:36 -0400 http://www.rnglawfirm.com/blog/important-changes-in-prevailing-wage-laws-and-dir-regulations/ RNG Successfully Defends $37 Million Breach of Contract Action and Obtains $8.8 Million Award for Design/Build Hospital Contractor http://www.rnglawfirm.com/blog/rng-successfully-defends-37-million-breach-of-contract-action-and-obtains-8-8-million-award-for-design-build-hospital-contractor/ 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.

]]> Thu, 12 Mar 2015 14:31:04 -0400 http://www.rnglawfirm.com/blog/rng-successfully-defends-37-million-breach-of-contract-action-and-obtains-8-8-million-award-for-design-build-hospital-contractor/ RNG Celebrates First Anniversary http://www.rnglawfirm.com/blog/rng-celebrates-first-anniversary/ 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.

]]> Thu, 12 Mar 2015 14:30:31 -0400 http://www.rnglawfirm.com/blog/rng-celebrates-first-anniversary/ NEW LABOR LAW INCREASES LIABILITY FOR CONTRACTORS http://www.rnglawfirm.com/blog/new-labor-law-increases-liability-for-contractors/ 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. 

]]> Wed, 22 Oct 2014 19:38:22 -0400 http://www.rnglawfirm.com/blog/new-labor-law-increases-liability-for-contractors/ “Fast and Loose” Equals High Risk on Government Projects - Heightened Scrutiny under the False Claims Act - http://www.rnglawfirm.com/blog/fast-and-loose-equals-high-risk-on-government-projects-heightened-scrutiny-under-the-false-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

 

 

]]> Tue, 07 Oct 2014 16:46:27 -0400 http://www.rnglawfirm.com/blog/fast-and-loose-equals-high-risk-on-government-projects-heightened-scrutiny-under-the-false-claims-act/ Stop Payment Notices – An Intentional Decision or a Mistake? Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water District http://www.rnglawfirm.com/blog/stop-payment-notices-an-intentional-decision-or-a-mistake-golden-state-boring-pipe-jacking-inc-v-eastern-municipal-water-district/ 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.

]]> Tue, 07 Oct 2014 16:16:13 -0400 http://www.rnglawfirm.com/blog/stop-payment-notices-an-intentional-decision-or-a-mistake-golden-state-boring-pipe-jacking-inc-v-eastern-municipal-water-district/