Welcome to your daily briefing on construction developments in California. Today we're covering 5 key stories including updates on california construction headlines, background & context. Let's dive in.
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Foundation failures rarely originate at the slab; they originate in soil bearing capacity, drainage, or expansive-clay behavior that was either uninvestigated or not honored in the design. A geotechnical report that is older than the building's design or that did not sample at the actual building footprint is a red flag.
Foundation remediation costs typically exceed the original foundation cost by 5-10x. Investing in current, footprint-specific geotechnical work is the cheapest insurance a project carries.
"Pay-when-paid" sets a timing condition only — the GC must still pay even if the owner never does. "Pay-if-paid" creates a true condition precedent — no owner payment, no GC payment to subs. Many states will not enforce pay-if-paid clauses without unmistakably clear language; ambiguity defaults to pay-when-paid.
The risk allocation between subcontractors and GCs hinges on this one phrase. Subs who sign pay-if-paid contracts effectively underwrite owner credit risk on top of project risk.
Most construction contracts require change orders to be in writing, but many states enforce an "oral modification" exception when the parties' conduct shows agreement — especially when the changed work is performed and accepted without protest. Continued performance without written change orders can waive the writing requirement entirely.
Contractors who do extra work hoping to "true it up later" routinely lose those claims because the conduct shows acceptance of the original scope. A signed change order before the work is the cleanest evidence of agreement.
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