In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than … Continue reading The Perfect Recipe for Improving Negotiating Skills and Settling Lawsuits
Among the legal risks that must be analyzed in any litigation is the possibility of having to pay the other side’s attorney fees if one loses at trial. In many states, attorney fees are available to the prevailing party if there is a contract provision for attorney fees or when a statute provides for them. A new … Continue reading Payment Bonds and Attorneys Fees: Leveling the Playing Field
In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than … Continue reading Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R’s Enforceable?
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 A New Case On Oral Modifications Of Public Works Contracts
Appellate court opinions provide more than intrinsic precedential value; they are also useful reads in a “best practices” kind of way. Sometimes the lesson derived from them is “what not to do,” as illustrated in two recent cases from the California Court of Appeals. The first case is one of those “I did not expect … Continue reading Recent (Painful) Lessons from the California Court of Appeal
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 California Evidence Code Section 1123: Don’t Leave The Mediation Without It
If you win your lawsuit, you can make the loser pay your attorney’s fees, right? In California (and in most states) the answer to that questions depends on whether there is a statute or a contract provision that provides something like, “The prevailing party is entitled to an award of attorney’s fees.” “Good,” you think … Continue reading Even if You Win at Trial You May Not be the Prevailing Party
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 Contractor Licensed as Sole Owner – Free Download