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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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

Freedom to Contract: PUC Has Jurisdiction to Evaluate Force Majeure Clause Under Idaho Law

By Tamara Boeck on Posted in Public Construction Contracting
The Idaho Supreme Court recently determined in Idaho Power Company v. New Energy Two, LLC, No. 40882-2013 (Idaho June 17, 2014), that the Idaho Public Utilities Commission has jurisdiction to interpret or enforce contracts when given the authority by the parties. In May 2010, IPC and the defendants entered into two energy contracts that were … Continue Reading

No Duty By Insurer: Affirmation That There Must Be Damage To Other Property, Not Just Defective Workmanship In CA

By Tamara Boeck on Posted in Insurance
California has held for at least a decade that in order for there to be insurance coverage under a standard Comprehensive General Liability for a claim arising out of a construction project, including a duty to defend by the insurer, there must be damage to other property, not solely to the property on which the … Continue Reading

Heavy Fines for All: Working Without a Contractor’s License in California is Costly

By Tamara Boeck on Posted in Licensing
I am surprised, and yet not surprised, to read about yet another subcontractor and general contractor that were cited for the subcontractor’s lack of a California contractor’s license. See "Another Subcontractor on Large Southern California Project Told To Halt Work, Fined for Not Having Contractors License" (May 13, 2014 notification by CSLB — see below). … Continue Reading

California CSLB’s Reminder for C-57 Licensees

By Tamara Boeck on Posted in Environmental Concerns
In the midst of a serious California drought, water concerns have brought with it a rise in well drilling.  Today, the California Contractors State License Board sent out a timely reminder that C-57 well drilling licensees in the Central Valley must register portable internal combustion engines of 50 horsepower or greater used to power drilling … Continue Reading

The Latest DIRT in California: Additional Mandatory Reporting for Excavators, Operators and Contractors?

By Tamara Boeck on Posted in Damages Claims, Infrastructure, Legislation, Licensing, Risk Management, Safety/Personal Injury
Those that “dig in the dirt” are very familiar with the Damage Information Reporting Tool (DIRT), which was launched in 2003 by the Common Ground Alliance (CGA). Over the years California has enacted several statutes requiring anyone moving dirt to notify a regional notification center of the area of planned disturbance that may impact a subsurface … Continue Reading

Contractors Still Have Time: Certain CA Energy-Related Regulations Delayed to July 1, 2014

By Tamara Boeck on Posted in Construction Contracts, Going Green, Green Building, Licensing, Public Construction Contracting, Risk Management
Residential and non-residential contractors in California have been waiting for the new California energy-related regulations to be issued for the January 1, 2014 compliance deadline.  Although many became effective on January 1, delays in the software performance compliance programs by the California Energy Commission required that additional time be provided for contractors to obtain and … Continue Reading

Surety Has “Sole and Absolute Discretion” to Settle Bond Claim in California

By Tamara Boeck on Posted in Bond Claim, Payment Disputes
While surety bonds have always been required for most public projects, they are being used extensively in many large private construction projects by project owners to secure faithful performance (or payment via settlement) of the contract if the contractor defaults.  But does the contractor have the same standing and rights against the Surety as an … Continue Reading

Take Time With Four ‘Standard’ Contract Terms

By Tamara Boeck on Posted in Construction Contracts
In my latest Daily Journal of Commerce Construction column, I discuss the potentially serious risks associated with overlooking four “standard” terms in construction contracts. With proper advance consideration of the scope of project, insurance terms, indemnity provisions and lien waivers, constructions projects are more likely to be successful.  Read the full article at the Daily Journal … Continue Reading

Bah Humbug: California Supreme Court Won’t Hear Dispute Arising From Overbroad SB800 Decision

By Tamara Boeck on Posted in Construction Claims, Construction Contracts, Construction Defects, Construction Industry, Damages Claims, Defects, Insurance, Legislation, Risk Management, Statutes of Limitation
You may have recently heard that on December 11, 2013, the California Supreme Court denied the builder’s Petition for Review of the published decision in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC, 163 Cal. Rptr. 3d 600, Cal. App. 4th 98 (2013). For builders and contractors, this is very frustrating news and undermines the … Continue Reading

Idaho Verifies That Priority Position Remains Relevant After Bond Posting

By Tamara Boeck on Posted in Bond Claim, Construction Liens, Liens, Mechanic's Liens and Stop Notices
In a case of first impression in Idaho, the Supreme Court in American Bank v. Wadsworth Golf Construction Co. of Southwest, No. 39415 (Idaho Aug. 16, 2013) (slip op.), determined that priority of lien filings on a property remain subject to a lien priority analysis even after a statutory lien release bond is filed to … Continue Reading

Sophisticated Parties? You May Shorten Both the Start and Length of the Statute of Limitations in CA Commercial Construction Contracts

By Tamara Boeck on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Construction Defects, Construction Litigation, Damages Claims, Defects, Design Build Agreements, Design Professionals and Claims, Developers v. Contractors, Risk Management, Statutes of Limitation, Warranty
Can parties waive both the commencement and length of the statutory limitation periods for construction defect actions?  Yes, answered the Fourth Appellate District, by allowing the parties to contractually preclude the application of the “delayed discovery” rule that normally triggers the commencement of the limitation time period and affirming case law permitting the shortening of … Continue Reading

When Is a Private Project a Public Work for Prevailing Wage Application in California?

By Tamara Boeck on Posted in Audits, Construction Contracts, Construction Industry, Payment Disputes, Public Construction Contracting, Public Private Partnerships, Safety/Personal Injury
In recent years, the Department of Industrial Relations (“DIR”), the Legislature and the California courts have expanded the application of the prevailing wage law to projects through the broad definition of a “public works,” beyond what most contractors, owners and even counsel would expect.  While most involved in construction anticipate that any work directly for, … Continue Reading

Contractor’s “Wage Theft” Enforcement Increased on California Public Projects

By Tamara Boeck on Posted in Contractor Licensing, Public Construction Contracting
The California Labor Commission, also known as the Department of Labor Standards Enforcement, which is a division of the Department of Industrial Relations, is “reinvigorating” its enforcement actions against public contractors that try to dodge the state’s wage and labor laws. Recently, the Commission issued orders and hefty fines to nine contractors for violations totaling over … Continue Reading

A Contract Means What It Says: Construction Manager Awarded Equitable Fee Increase in Idaho

By Tamara Boeck on Posted in Construction Contract Interpretation, Construction Contracts, Construction Defects, Damages Claims, Defects, Payment Disputes
A reminder from the Idaho Supreme Court for parties to a construction contract:  the plain language of the parties’ contract governs the obligations between them in the absence of ambiguity.  In City of Meridian v. Petra, Inc., No. 39006, 2013 WL 1286014 (Idaho Apr. 1, 2013), the Idaho Supreme Court reviewed a construction dispute between … Continue Reading

Statutory Limitation Periods Can Be Reduced Contractually Under Nevada Law

By Tamara Boeck on Posted in Arbitration, Construction Contract Interpretation, Construction Contracts, Damages Claims, Defects, Statutes of Limitation
The Nevada Supreme Court has answered a question that developers and contractors have been asking for years:  can the statutory limitation period for a construction defect action be shortened?  The court answered in the affirmative but held that there must be no statute to the contrary and that the reduced limitation period must be reasonable … Continue Reading

A Valid Contract Limits the Amount of a Mechanic’s Lien, Even Against a Party with No Direct Contract with a Contractor

By Tamara Boeck on Posted in Construction Contracts, Construction Industry, Liens, Mechanic's Liens and Stop Notices
A California appellate court recently held that the value of an original construction contract is admissible as evidence to limit a contractor’s right to recovery under Civil Code section 3123(a), even by a property buyer that was not a party to the construction contract. Appel v. Los Angeles Superior Court (CA No. B244590, Mar. 11, 2013). The … Continue Reading

Nevada Lenders Beware! Mechanic’s Liens Not Easily Avoided

By Tamara Boeck on Posted in Bankruptcy, Construction Claims, Construction Liens, Construction Litigation, Design Professionals and Claims, Financial Defaults, Legislation, Liens, Mechanic's Liens and Stop Notices, Owner Insolvency, Payment Disputes, Project Lenders
Following the market crash in 2008-09, the $2.8 billion Fontainebleau development in Las Vegas was halted with 70 percent of the construction completed. Naturally, numerous mechanic’s liens were filed by contractors, subcontractors, professionals and suppliers ("claimants"). In the bankruptcy proceeding, the lenders asserted novel and potentially legally destabilizing theories against the claimants’ rights: a.) the … Continue Reading

CA Lender’s Not Entitled to Lambert Rights Against Contractors Even If Loan Is In Default

By Tamara Boeck on Posted in Mechanic's Liens and Stop Notices
The Third District Court of Appeal in Cal Sierra Construction, Inc. v. Comerica Bank (Cal. App., May 31, 2012, No. C060707) 2012 Cal. App. LEXIS 641 (Cal Sierra), determined that lenders were precluded from enforcing property owner rights though a motion to release the mechanic’s lien and stop notice.  The court distinguished the California Supreme … Continue Reading

What if I Don’t Have a Change Order?

By Tamara Boeck on Posted in Construction Industry
A California appellate court has clarified for public owners and contractors (a) what the results may be if the owner does not timely sign a change order and (b) under what circumstances a change order is required. In G. Voskanian Construction, Inc. v. Alhambra Unified School District, No. B221005 (Cal. Ct. App. Mar. 29, 2012), … Continue Reading

California Appellate Court Affirms That Mechanic’s Lien Foreclosure Period Is Tolled During Bankruptcy Proceeding

By Tamara Boeck on Posted in Bankruptcy, Liens
In Pioneer Construction, Inc. v. Global Investment Corp. (Dec. 21, 2011, No. B225685), Cal.App.4th [2011 WL 6382113], the Second District Court of Appeal recently affirmed a timely topic in this depressed construction market:  lien claimants must protect their rights, and buyers of property out of bankruptcy must verify the validity of lingering lien claims. In … Continue Reading

Keep an Eye on sb 474 in California: Sweeping Edits will Eliminate Traditional Indemnity Rights and Obligations, as well as AIE’s in Commercial Construction Contracts

By Tamara Boeck on Posted in Commercial Construction Contracts, Indemnity
Indemnity and additional insurance provisions in commercial construction contracts may no longer be an “arm’s-length” negotiation in California. Dramatic changes are proposed in sb 474 (2011). We most recently saw this type of legislative intrusion directing contract language in the residential construction context with the significant modifications of Civil Code section 2728 a few years … Continue Reading
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