Rich Harris, Ruby Zapien Present on Duty to Defend at AGC Retreat

RJO shareholder Richard M. Harris and associate Ruby Zapien delivered a presentation called “Ten(ish) years after 2782.05 – Is a subcontractors’ duty to defend on construction projects fair now?” at the Associated General Contractors of California retreat on Aug. 24. Their session focused on whether, after a roughly a decade of being in force, California Civil Code 2782.05 is actually working as intended. 

As Harris and Zapien noted in their presentation, California enacted 2782.05 to make the duty to defend more fair between prime contractors and subcontractors. For historical context, they discussed the duty to defend before Crawford v. Weather Shield Mfg., the case that led to the statute. The session also examined how courts have interpreted the regulation over the last 10 years and whether 2782.05 achieved its intended purpose. 

Harris advises contractors during all phases of a dispute, from contract formation and claims disputes to arbitration and jury trials. He has significant experience working with contractors on public works, including heavy highway, road construction, and commuter rail projects.  

Zapien represents general contractors and subcontractors facing complex public and private construction disputes. She regularly handles matters involving claims of unforeseen conditions, fraud and delays.