Construction Law

4th District Court of Appeal, Civil Procedure, Construction Law, Litigation

Fazel v. Pete Fowler Construction Services — Litigation Privilege Bars Negligence Suit Against Expert for Defective Repair Recommendations

automatic / June 23, 2026

California's Fourth Appellate District held that California's absolute litigation privilege bars a property owner from suing an opposing construction expert for negligence in formulating repair recommendations contained in a litigation expert report, even after those repairs failed.

4th District Court of Appeal, Construction Law, Litigation

AVL Test Systems v. Hensel Phelps Construction — Whether Equipment Becomes “Fixed Part of the Structure” for Contractor Licensing Exemption Is a Question of Fact

automatic / April 28, 2026

Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by conflicting expert testimony.

1st District Court of Appeal, Construction Law, Personal Injury & Tort

Cordero v. Ghilotti Construction — Privette Doctrine Bars Subcontractor Worker’s Claim Against Turnkey Contractor for Slip-and-Fall Despite Cal-OSHA Regulation

automatic / April 10, 2026

First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally delegable through subcontracts.