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Workers Compensation Disgorgement Theory

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Any Person In a Dispute With Their Constructor Needs to Be Mindful of the “Workers Compensation Disgorgement Theory” California Business & Professions Code Section 7125.2 states that a contractor’s license is suspended by operation of law back to the date of the commencement of the workers compensation insurance coverage violation…
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IMPORTANT SETTLEMENT AGREEMENT TERMS THAT ARE OFTEN OVERLOOKED

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When parties decide to settle their lawsuit and enter into a settlement agreement, the intent is almost always to bring the dispute to a full resolution so that the parties can preserve their time and financial resources.  When payments are to be made beyond the date of dismissal of the…
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FIRM NEWS

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The Law Office of Michael A. Hearn obtained a $4,064,903.97 judgment against a general contractor and its shareholders for defective construction of a 5,000 square foot custom home located within the San Manuel Band of Mission Indians tribal land, working without a valid California contractor’s license, and committing financial elder…
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IS COMPLIANCE WITH THE RIGHT TO REPAIR ACT REQUIRED BEFORE A CONSTRUCTION DEFECT LAWSUIT IS FILED AGAINST THE BUILDER FOR PROPRETY DAMAGE: THE COURT OF APPEAL IS SENDING CONFLICTING MESSAGES.

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Last year, the California Court of Appeal held that an insurance carrier exercising its subrogation rights WAS NOT REQUIRED to give notice of a claim to a builder before suing the builder for defective workmanship that caused property damage to the insured.  See Liberty Mutual Insurance Co. v. Brookfield Crystal…
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IF YOUR ASSOCIATION IS GETTING CLOSE TO THE 10 YEAR MARK, IT MAY BE TIME TO SERIOURSLY CONSIDER ITS LONG TERM COST OF MAINTENANCE OR REPAIR.

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The worst thing a homeowner association can do is assume that because they have not observed any construction defects on their property, that none exist. Serious defects commonly remain undetected until after the statute of limitations for seeking compensation from the builder has expired. In which case, the property owners…
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FIRM NEWS

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Michael A. Hearn is preparing for trial in Colorado.  Opening Statements are set to commence on May 5, 2014.   Robert A. von Esch IV prevailed on a land sale dispute lawsuit.  A client hired Mr. von Esch in connection with a dispute whereby a hopeful buyer claimed to have…
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