A motion for good faith settlement arises under California Code of Civil Procedure ยง 877, which is applies to federal court actions and authorizes the Court to determine whether a settlement agreement was entered into good faith.
What does good faith determination mean?
Good Faith Determination means a determination made by the Construction Manager, which he/she believes in good faith to be proper and for which there is a rational basis, even if equally or more rational arguments can be made in opposition to that determination.
What are the tech Bilt factors?
The predominant factor under Tech-Bilt is that the settlement amount cannot be "grossly disproportionate to what a reasonable person, at the time of the settlement, would estimate the settling defendant's liability to be." (38 Cal.