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Years Of Experience In Construction Insurance Law
The construction industry is a high-risk industry. Personal injuries can occur, as well as property damage: to the construction project itself from rain, landslides and other perils, and to neighboring properties from activities performed on the construction site. Because of the inherent economic risks of construction work, it’s important for all parties to have proper Read the full article…
A Career Informed By In-House Counsel Experience
Gregory R. Shaughnessy specializes in construction, real estate, insurance and commercial litigation. Before opening his own practice, he worked for years as in-house counsel for a major California commercial contractor and for a major international commercial contractor, providing legal advice and cultivating experience that aids in his work today serving contractors, subcontractors and other parties Read the full article…
Mediation And Arbitration Services
Before committing to the costly path of litigation, it is always worth asking if a dispute can be resolved through mediation or arbitration. When direct talks between the parties break down, a qualified attorney can help steer them to compromises by helping both sides see how their goals are being achieved. Gregory R. Shaughnessy has Read the full article…
Make Your Insurance Policy Work For You And Your Business
Construction and real estate are industries that come with a lot of inherent risk. Heavy materials, powerful machinery and a flow of workers with uneven levels of experience can lead to minor and major injuries and even death; projects that take months or years can still disappoint the buyer; and delays occur due to sudden Read the full article…
Real Estate Legal Services For Buyers And Sellers
Buying, selling and managing real estate is a high-stakes business anywhere, but nowhere is it more stressful than in the high-priced real estate market of the San Francisco Bay Area. When your real estate deal runs in the hundreds of thousands or even millions of dollars, you don’t want to take chances. With a lawyer’s Read the full article…
Use Commercial Litigation To Assert Your Rights
Attorney Gregory R. Shaughnessy has extensive experience mediating, arbitrating and trying civil cases in both Northern and Southern California courts. Representing Clients In A Wide Variety Of Commercial Litigation Cases Mr. Shaughnessy has represented contractors, developers, tenants and others in a wide variety of cases, including those related to: Contract disputes: Resolve disputes in any industry. Read the full article…
A Lawyer Who Knows Bay Area Construction Law
Construction is an unpredictable business, no matter how much planning you put in. Changes in the weather or the economy can delay a project, and there is no shortage of safety risks for contractors and subcontractors working on site. When your project doesn’t go according to plan, you may need a lawyer with years of Read the full article…
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About Gregory R. Shaughnessy Articles Arizona significantly broadens prompt payment protections California decision erodes certainty of 10-year limit on potential liability for construction defects California decision further limits potential liability for construction defects Contractors, arm yourselves: The bonded stop notice Important changes in 2011 to California mechanic’s lien law Important clarifications to California prompt payment Read the full article…
Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any Read the full article…
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Gregory R. Shaughnessy prosecutes and defends construction claims and other civil claims. He represents owners, contractors and subcontractors. In addition, his practice specializes in insurance coverage in the context of construction projects, including property damage and defects occurring during and after construction. With over 25 years of experience in the Northern California construction industry, Mr. Read the full article…
Contact Law Offices of Gregory R. Shaughnessy
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below. Bold labels and * indicate required information.
Representative Cases
The following is a brief description of representative cases which Mr. Shaughnessy has recently handled: International arbitration – public works construction claims: Represented general contractor in an International Chamber of Commerce Arbitration proceeding with venue in Singapore on a public works construction project in Vietnam against the Socialist Republic of Vietnam. Construction defect – insurance coverage: Acted Read the full article…
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Seminars
Gregory Shaughnessy has been a presenter at the following recent professional seminars:
Mr. Shaughnessy’s Practice Areas
Gregory R. Shaughnessy’s practice includes prosecuting and defending civil claims and actions such as construction claims, construction defect actions, construction collection actions, real estate litigation and transactions, and insurance coverage and bad faith actions. Mr. Shaughnessy has an extensive network of colleagues with specialized practices that he can draw upon when additional expertise is needed. Read the full article…
About Gregory R. Shaughnessy
Gregory R. Shaughnessy is a San Francisco Bay Area lawyer focusing on construction, real estate, insurance and commercial litigation. He has served as counsel in disputes and transactions involving major civil and building projects throughout California and the Asia/Pacific region. His clients have included landowners, developers, general contractors, subcontractors and suppliers. Prior to forming the Read the full article…
Important changes in 2011 to California mechanic’s lien law
Significant changes to the California Mechanic’s Lien Law went into effect on January 1, 2011. The changes apply to any mechanic’s lien recorded on or after January 1, 2011. These changes include warning language that needs to be included in the mechanic’s lien, service of the lien on the owner before recording the lien and Read the full article…
Lack of contractor’s license provides basis for prejudgment writ of attachment
A prejudgment writ of attachment remedy available under Code of Civil Procedure section 483.010 has been characterized by many seasoned California litigators as the most aggressive action that can be taken in civil litigation. The right to attach order essentially gives the party who obtained the order to levy upon the banks accounts and property Read the full article…
Prevailing owners are entitled to recover prompt payment attorney’s fees in California
In an important decision that substantially raises the stakes in a large percentage of construction lawsuits, in Taylor v. Van-Catlin Construction (2005), the Court of Appeal held that an owner, who had prevailed in an arbitration with a contractor who sought prompt payment penalties, was entitled to recover its attorney’s fees and costs from the contractor. By way Read the full article…
New law restricts scope of indemnity clauses in subcontracts on residential construction in California
A new law was recently enacted, signed by Governor Schwarzenegger on September 29, 2005, that limits the scope of indemnity clauses in subcontracts on residential construction projects in California. The law is important for developers, contractors and subcontractors who are involved, on even a part time basis, in the residential construction industry. This law will Read the full article…
Your additional insured endorsements – how coverage may be narrowing
A common feature of most construction contracts and subcontracts is a requirement that the contractor or subcontractor provide a certificate of insurance naming the owner and contractor as an additional insured under the contractor’s or subcontractor’s general liability insurance policy. However, there is a widespread misunderstanding of what such additional insured endorsements (“AIE”) actually accomplish. Read the full article…
California decision erodes certainty of 10 year limit on potential liability for construction defects
For many years now practitioners of construction law in California have understood that a “bright line” exists with regard to potential liability for construction defects – no liability 10 years after substantial completion of the project. The recent decision by the California Court of Appeal in Acosta v. Glenfed Development Corp. (2005) 128 Cal.App. 4th1278, Read the full article…
The current status of California law on liability for construction defects
In 2000 the decision by the California Supreme Court in Aas v. Superior Court (2000) 24 Cal. 4th 627 had a major impact on construction defect liability in California. The Court announced a significant limitation on the scope of potential recovery by plaintiffs in construction defect actions, holding that there could be no tort recovery (negligence/strict Read the full article…
Owners can use binding reference provisions to reduce their exposure in construction defect actions in California
In the last twelve months three California Court of Appeal decisions have been issued addressing the use of alternative dispute resolution procedures in real estate sales contracts. The most recent of the three, issued in April 2003, upheld the validity of provisions that required construction defect disputes to be resolved by binding reference proceedings. These Read the full article…
SB 800’s nasty surprise: An expanded 10-year warranty for construction defects
SB 800, a law passed in 2002, significantly modifies warranty obligations owed by developers, contractors and subcontractors on residential construction projects. Because of SB 800’s length and complexity, a careful review and analysis of the statute’s warranty provisions is necessary to fully understand the impact of SB 800 on warranty obligations. This article attempts to Read the full article…
SB 800: a poorly drafted law leaves many transition issues to be litigated
(This article first appeared in the April 14, 2003, issue of the San Francisco Recorder.) The kinds of questions attorneys are hearing since passage of Senate Bill 800 reflect the widespread uncertainties and misunderstandings surrounding the law. The general contractor on a 200-unit condominium project completed before January 1, 2003, the effective date of SB Read the full article…
California decision further limits potential liability for construction defects
Continuing a trend, the recent decision in Carrau v. Marvin Lumber and Cedar Company (2001) 93 Cal.App.4th 281, appeared to further reduce the potential liability of developers, contractors and subcontractors for construction defects in California. By way of background, in Aas v. Superior Court (2000) 24 Cal. 4th 627, the California Supreme Court announced a significant limitation Read the full article…
Important developments in California construction defect law
The potential for liability for construction defects is an issue of extreme importance for every California contractor. In the year 2000 several decisions by the California courts were issued that affect this potential liability, and these decisions must be taken into consideration by contractors in managing the risks arising out of defective construction. Aas v. Read the full article…
Important clarifications to California prompt payment laws
In the 1990s numerous “prompt payment” statutes were enacted and amended in California. Two recent appellate court decisions have clarified several aspects of these laws, finding that: Unpaid subcontractors are entitled to recover the 2% per month prompt payment penalty on the unpaid sums IN ADDITION TO prejudgment interest (typically 10% per year). A contractor Read the full article…
Arizona significantly broadens prompt payment protections
Arizona recently enacted legislation that significantly broadens the rights of contractors and subcontractors to prompt payment on construction projects. Previously, such prompt payment protections applied only to contractors and subcontractors on public works projects (Arizona Statutes §34-221) and to subcontractors on private projects (Arizona Statutes §32-1129). Under the former law, on public projects contractors and Read the full article…
Important new laws regarding prequalification on California public works projects
Legislation recently enacted in California threatens to impose substantial burdens on contractors submitting bids to local public agencies. The new law may also allow the prequalification process to be used to bar contractors considered by public entities to be unwelcome or undesirable from submitting bids to these entities on California public works projects. This legislation Read the full article…
Contractors, arm yourselves: The bonded stop notice
A little used and frequently overlooked weapon in the arsenal of an unpaid contractor on a private work of improvement is the bonded stop notice. For the sophisticated and aggressive contractor, the bonded stop notice can be one of the most effective remedies available under California law. The bonded stop notice on a private project Read the full article…
Navigating the payment minefield
Payment issues on construction projects in California are becoming increasingly more complex and regulated. In the early 1990s numerous “prompt payment” statutes were enacted and amended and in 1998 changes were made to these statutory schemes. Recently California courts have clarified that “pay if paid” clauses are unenforceable. Finally, effective January 1999, new legislation allows Read the full article…