Tamara Boeck

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Tamara Boeck routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada.  Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing, solar, wind, geothermal, biofuel, wastewater treatment and other industrial facilities.

In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts, she handles construction disputes from mediation through litigation or  arbitration, which often encompass significant business conflicts, project delay, workmanship and performance deficiency claims, as well as those matters involving lien laws, insurance coverage disagreements with insurers, claims involving toxic tort, product liability and catastrophic injuries. With  her depth of experience, she is able to assist and protect her clients in arbitration or trial when a pragmatic business resolution is not available. Tami has been listed in Best Lawyers in America© for Construction Law since 2010. She is immediate past chair of the firm’s Real Estate, Development & Construction group.

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Another Risk Management Tool for Private Owners in a Volatile Construction Market

By Tamara Boeck on Posted in Construction Industry, Risk Management
Traditionally, private owners of construction projects have not considered bonds — either payment or performance bonds by the general contractor — because of the additional cost and because they felt confident that the contractors and their subcontractors, suppliers and vendors on their projects would meet the obligations of the contract terms. However, in today’s volatile … Continue Reading

Three Tips for Owners and Contractors to Improve Their Odds of Success in 2021

By Tamara Boeck on Posted in Construction Industry, General
While all of us begin 2021 still confronting the challenge of COVID-19, construction project owners face particular pandemic-related issues in their industry, including the need to maintain strict best practices for projects and manage scheduling and labor challenges for existing and new projects. In my latest article for the Daily Journal of Commerce, I provide … Continue Reading

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation

By Tamara Boeck on Posted in California, Construction Contract Interpretation, Construction Industry, Construction Liens, Construction Litigation, Contractor Licensing, Damages Claims, Licensing
In a very recently published case dealing with issues of first impression in California, here, the Second Appellate District in Los Angeles determined that the disgorgement penalty under BPC 7031(b) triggers a one-year statute of limitations given that it is a penalty, and the cause of action accrues from either the completion or cessation of … Continue Reading

Construction-Related Activity Restrictions in Select States

By Tamara Boeck, David Quinby, Zachary Davis, Loni Hinton and Mario Nicholas on Posted in Alaska, California, Construction Industry, COVID-19, Idaho, Minnesota, Nevada, Oregon, Utah, Washington
State and local officials across the country have responded to COVID-19 with various executive orders and restrictions on businesses to help flatten the curve of the pandemic. Each state’s response opens the door for potential impacts on projects commencing or under construction, and on the parties involved with those projects. To assist clients and friends, … Continue Reading

Tips for Owners and Contractors with Projects in the “Grey Area” of California’s COVID-19 Orders

By Tamara Boeck, Andrew Gibson and Mario Nicholas on Posted in Acts of God, California, COVID-19
In response to COVID-19, construction projects in California are currently subject to a statewide Executive Order and potentially other similar (or dissimilar) “stay home” or “shelter in place” orders or directives issued by counties and cities. Under the California statewide order, only businesses needed to maintain continuity of operations of identified federal critical infrastructure sectors … Continue Reading

Cyber Risk Update for Construction Companies

By Tamara Boeck and Jon Washburn on Posted in Construction Contract Interpretation, Cybersecurity
Scammers are always seeking new ways to target victims for Business Email Compromise (BEC) scams, where they leverage email to try to convince you to give them credentials, send them confidential information like W2s, send them money by changing things like direct deposit instructions, or give any other data that can help them profit from … Continue Reading

Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

By Tamara Boeck on Posted in Labor and Employment Issues, Union Issues
This post was guest authored by Stoel Rives employee benefits attorneys Bethany Bacci and Abbey Hendricks. If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with “withdrawal liability” … Continue Reading

Three “Basic Best Practices” New Year Resolution Tips for Construction Projects

By Tamara Boeck on Posted in General, Insurance, Legislation
Ultimately, improving our companies, like improving ourselves, is up to us and our own diligence and persistence in identifying and implementing improvements on an ongoing basis. A strong market as we start 2019 means a great opportunity to review for and ensure solid implementation of legal compliance and financial goals for your construction projects – … Continue Reading

Reminder of January 1, 2019 Mandatory New Notice Requirement by CA Residential Solar Contractors

By Tamara Boeck on Posted in Construction Contracts, Residential Building Regulations, Uncategorized
In 2017, the California Legislature passed a bill that resulted in Business and Professions Code (BPC) section 7169, which ultimately would require Home Improvement Contractors, which include contractors that install solar systems on residences, to issue specific disclosures to any residential consumers who may want to purchase, finance or lease, and install a solar system on … Continue Reading

California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition

By Tamara Boeck on Posted in Insurance
Although it may seem strange at first, the recent ruling by the California Fourth Appellate District Court in Thee Sombrero, Inc. v. Scottsdale Co., (2018 EL 5292072), holding that an insurer must pay for a claim where there was no actual physical property damage, is not as odd as it may seem to non-insurance coverage … Continue Reading

Developers and Builders Gain Time from Permit Expiration in California with AB 2913

By Tamara Boeck on Posted in Construction Contracts, Construction Permit, Legislation
After decades of dealing with a hodgepodge of local adoption (or not) of administrative codes relating to building permit extensions, California Governor Brown’s September 21, 2018 signature on AB 2913 is a welcome addition of at least six months to the existing statutory commencement of work period. AB 2913 allows a uniform 12-month period across … Continue Reading

California Contractors State License Board (CSLB) Issues FAST FACTS for Contractor Referral Businesses

By Tamara Boeck on Posted in Construction Contracts, Contractor Licensing, Licensing
There is no doubt that our national economy relies heavily on e-commerce.  This is true with regard to contractors in California as well. As individuals and businesses look for quality builders, trades and services in the construction field, they look for sources of on-line information to evaluate whom to hire.  Would you think that an … Continue Reading

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California

By Tamara Boeck and Brian Nese on Posted in Construction Contract Interpretation, Construction Industry, Construction Litigation, Contractor Licensing, Licensing, Statutes of Limitation
In the recently issued but unpublished decision Reed v. SunRun, Inc. (Los Angeles County Super. Ct. No. BC498002, Feb. 2, 2018), the Second District Court of Appeal ruled that a solar power purchase agreement (“PPA”) provider that only sells solar energy to homeowners is not required to be a licensed California contractor under certain circumstances.  … Continue Reading

What is Imputed Agent Knowledge Under California’s Real Estate Disclosure Rules

By Sylvia Arostegui and Tamara Boeck on Posted in Acquisitions and Dispositions
Recently, in RSB Vineyards LLC v. Orsi, the First Appellate District Court of Appeal confirmed the long-standing rule in California: sellers must disclose all known material matters.  While this affirmed rule was not surprising, the court was very helpful  in providing the first detailed framework for what it means for a seller to have “knowledge” … Continue Reading

Is “As-Is” Really “As-Is” in Real Estate Contracts? Tell the Truth, the Whole Truth, or Risk Liability for Nondisclosure

By Tamara Boeck and Sylvia Arostegui on Posted in Commercial Construction Contracts, Real Estate Contracts
The inclusion of an “as-is” clause in a contract for a real estate transaction has led courts in Oregon to allow parties to a deal to allocate the risk as to the property differently than through the historic concept of “caveat emptor” (let the buyer beware), which permitted a seller to shift the obligation to … Continue Reading

Under California’s Right to Repair Act, Ignore Deadlines at Your Own Peril

By Tamara Boeck on Posted in Construction Defects, Risk Management
In a very recent decision, the Fourth District Court of Appeal in Blanchette v. Superior Court affirmed the plain language of the Home Builder’s Right to Repair Act, holding that even a facially insufficient notice of defect triggers the obligation of a builder to respond within 14 days.  The statute, Civil Code section 895 et. … Continue Reading

Is Late Notice A Big Deal? Ninth Circuit Asks For An Opinion From CA Supreme Court On Insurance Question

By Tamara Boeck on Posted in Environmental Concerns, Insurance, Risk Management, Uncategorized
So, what’s the big deal if you’re a little “late” in giving your insurer notice of the claim or lawsuit against your company?  That’s the question, albeit in essence, that the Ninth Circuit has posed to the California Supreme Court recently in an Order Certifying Questions, Pitzer College v. Indian Harbor Insurance Co. Specifically, the … Continue Reading

Idaho Reads Force Majeure Clause Broadly as Written

By Tamara Boeck on Posted in Construction Contracts, Damages Claims, Developers v. Contractors, Land Use, Public Construction Contracting
In a ruling supporting common sense, the Idaho Supreme Court ruled that a county could not avoid the application of a broad force majeure clause in its development agreement with a developer based on the county’s denial of the rezoning required for the very development. The key facts in Burns Concrete, Inc. v. Teton County, … Continue Reading

Redefining Priorities: Risk Management, Enhanced Quality, and Minimizing Disputes

By Tamara Boeck on Posted in Construction Litigation, Risk Management
When engaging in a new construction project, the primary focus is frequently on the immediate issues — plans, permits and the build-out itself.   But building good risk management procedures and techniques into the front end of your project planning can have bottom-line business benefits. In my recent article for the Daily Journal of Commerce, written … Continue Reading

Concerns over California’s Increased Earthquakes? Landlords and Developers Should Manage Their Risks Now

By Tamara Boeck on Posted in Acts of God, Construction Claims, Construction Industry, Damages Claims, Risk Management, Safety/Personal Injury
During the last month or two there has been a rise of news reports regarding potential earthquakes in California at a greater magnitude than in recent history:  see here and here.  These risks have even been reported recently in a London newspaper.  While the unusual Southern California “big one” warning is now past, the risk has … Continue Reading

One Unanticipated Cost of Being an Owner-Builder in California: Liability for Retained Control over Safety

By Tamara Boeck on Posted in Construction Defects, Construction Litigation, Defects, Insurance, Licensing, Risk Management, Safety/Personal Injury, Workers Compensation
Many times I hear from people who want to “save money” and serve as their own “owner-builder” under the exemption to the California Contractor’s Licensing law, which generally requires that any “construction” work over $500 to be performed by a licensed California contractor in the absence of an exemption.  (Bus. & Prof. Code section 7048).  … Continue Reading

“All Risk” Coverage Is Not Equal to “All Loss” Coverage Under Customary Provisions in California Builder’s Risk Policies

By Tamara Boeck on Posted in Construction Claims, Construction Defects, Damages Claims, Defects, Design Professionals and Claims, Insurance, Risk Management, Uncategorized, Warranty
A common insurance question asked by our owner/developer clients when they discover that their completed project has defects is whether their own insurance will cover the cost to fix the defect or any damage from the defect.  While trying hard not to sound like the proverbial lawyer, we often have to say “it depends.”  What … Continue Reading

Yes, Contractor Licensing May Be Required Under California Law Even if the Contractor Does Not Physically Build Anything Itself

By Tamara Boeck on Posted in Construction Contracts, Construction Industry, Construction Liens, Construction Litigation, Contractor Licensing, Legislation, Licensing, Liens, Payment Disputes, Risk Management
It seems that almost weekly, and certainly monthly, I receive a call or inquiry from colleagues and/or prospective clients as to whether a license is really required if the prospective “contractor” is not actually building anything but is merely facilitating a “deal” or is hiring otherwise qualified and licensed contractors and trades. Virtually every time … Continue Reading
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