Currently viewing the tag: "mediation"
warning sign

Ignore This Mediation Clause and Say Good-Bye to Your Attorney Fee Award

by ronwhite on June 14, 2012 · No Comments

A recent opinion of the California Court of Appeal (click here to read) reversed a trial court’s decision to award attorney fees to the prevailing defendant homeowners in a real estate non-disclosure case. The reason: the standard California purchase agreement that included an attorney fee provision also required that the parties participate in mediation or forfeit the […]

Continue Reading →

Calculating Settlement Value Like a Super Bowl Champion

by ronwhite on January 30, 2012 · No Comments

The New York Giants are playing the New England Patriots in the Super Bowl, again. What would happen if the Patriots prepared for the game by focusing exclusively on their strengths and the Giants’ weaknesses while ignoring their own weaknesses and the Giants’ strengths?  That would be ridiculous, right? Bill Belichick, Tom Brady? Forget about […]

Continue Reading →

A New Case On Oral Modifications Of Public Works Contracts

by ronwhite on December 20, 2010 · No Comments

Construction projects are littered with daily conflicts and some long term ones; sometimes they merge. Such is the case where there are oral field directives to proceed with changes that may increase the scope of the work. But what happens when the contract says that all change orders must be in writing? Certainly that is just legal mumbo […]

Continue Reading →
malden

California Evidence Code Section 1123: Don’t Leave The Mediation Without It

by ronwhite on November 30, 2010 · No Comments

Back in the day, the late, great actor Karl Malden pitched American Express Travelers Cheques in television commercials that depicted vacationers being robbed of their cash, followed by Karl’s earnest exhortation, “American Express Travelers Cheques: don’t leave home without them!” The point was that people could protect their money if they would use travelers checks while […]

Continue Reading →

Contractor Licensed as Sole Owner – Free Download

by SiteOwner on June 23, 2011 · No Comments

I have attached a new license law case from the Third District Court of Appeal. This one bucks the recent trend: it favors the contractor. Basically, the contractor, David E. Ball, was licensed as a “Sole Owner” under the fictitious business name “Clark Heating and Air Conditioning”. He sued to collect compensation for work performed […]

Continue Reading →