A source of recovery for someone damaged by a contractor’s work may be the contractor’s license bond, especially when a contractor is missing, unlicensed or insolvent.  California contractors are required to have a $25,000 bond issued by a licensed surety to maintain their contractor’s license. License bond sureties typically underwrite the bonds in exchange for a signed indemnity agreement and an annual premium. A contracting homeowner damaged as a result of the contractor’s violation of the Contractors’ State License Law may recover up to the entire amount of the $25,000 bond. Third par ..read more

In both private and public sectors, water usage is a primary concern that affects everyone. Business owners and private homeowners must adhere to local, state and federal regulations regarding water rights. Riparian water rights, specifically, pertain to landowners whose land adjoins bodies of water, such as lakes, rivers or streams. The U.S. Bureau of Land Management oversees regulation of land that exists in the public domain. Such land does not have riparian water rights. Only two states, including California, currently recognize riparian water rights. Riparian water rights apply to land wh ..read more

A new round of demands has been sent out to “de minimus” PRPs related to the BKK Class I Landfill in West Covina, California. The BKK Landfill operated from the 1960s to the mid to late 1980s. The BKK Landfill accepted more than 5 million tons of waste during its operation which have allegedly leached into the soil and groundwater. The DTSC estimates future cleanup costs for the first 100 years will approach $1 billion. In order to fund the cleanup, the DTSC is seeking contribution from any party who generated or transported hazardous waste regardless of the type of waste or whether it is a co ..read more

We only have one Earth, and it is full of diverse life forms and resources. As humans living on this planet, we must do our part to care for and protect our environment. Fortunately, California actively champions environmental laws, protecting the state’s natural resources and promoting sustainable practices. These laws impact individuals and businesses alike. If you are in the food industry, here are two typical implementations of environmental regulations for your business. Safe and sustainable food packaging California is working to cut down on single-use plastic and packaging waste. The Pl ..read more

Insurers often add exclusions to insurance policies to lower premiums and reduce their exposure to insurance claims.  These exclusions are usually buried in a policy or endorsements and can dramatically affect the coverage of loss in first party and third party claims.  A careful reading of the insurance policy before and after a claim is made is important. A first party insurance claim is a claim filed with your own insurance company following an accident or injury. This type of claim is made by policyholders who have suffered losses to their own property or personal injury.  I ..read more

California is serious when it comes to doing its part for the environment. This is no surprise, as California pioneered the transition to clean energy and has been aggressive about meeting emissions reduction goals. To this end, the state has enacted new laws to help businesses become more environmentally friendly. More ways to care for the environment while doing business The new laws aim to limit organic waste, plastic pollution and air pollution from businesses. Among the new green laws are the following: SB 1383: Hotels, school districts and hospitals must reduce their organic waste by con ..read more

It takes a collaborative effort involving all sectors to address environmental issues and minimize pollution, requiring legislators to enforce policies and regulations. One of the biggest challenges is controlling emissions produced by essential functions in various industries, including construction. This industry works with substances and equipment that may release toxic emissions as byproducts, such as off-road diesel vehicles. It is impossible to complete big construction projects without these bulldozers, backhoes and other machines, so the law requires businesses to implement certain pra ..read more

California is taking the lead in green dry cleaning by completely phasing out the use of perchloroethylene (Perc) in 2023. Perc, a conventional dry cleaning solvent, is harmful to both the environment and people’s health. To address this, California’s Air Resources Board (CARB) took action to eliminate its use. Businesses might wonder about the benefits of this change. It’s crucial to note that this shift offers a dual advantage. It not only reduces health risks but also aligns with the growing demand for eco-friendly practices. Implications for businesses Switching to green dry cleaning has m ..read more

Some substances used in residential and commercial settings, such as oil waste, can pose significant harm to the environment. California can produce considerable amounts of used oil from various industries, including automotive, agricultural and other sectors. If oil waste contaminates natural resources, the repercussions can endanger wildlife and the public. However, the process of recycling and disposing used oil also has restrictions enforced by state law. These regulations ensure oil waste goes to qualified facilities with the right equipment to process it. The following rules ca ..read more

The collateral damage to natural habitats regarding California businesses is a concerning issue for many business owners, scientists and government officials throughout the state. If you’re a business owner, you might be able to relate to some of the top concerns others have shared regarding their companies’ impact on the environment. Such issues can spark legal problems for a business owner, in which case it’s wise to enlist support from experienced counsel. Environmental regulation compliance can have a significant financial impact on a business. It’s helpful to discuss your concerns with so ..read more