“For Cause” Contract Termination: An Overview

Most contracts, particularly construction contracts, will come to an end because a project has been completed successfully. However, there are situations where the contract needs to end early for a variety of reasons. There could be a dispute or perhaps the job was simply canceled. In many situations, your construction contract will include a termination clause. It sets out how the contract can be stopped by Read More

How Mediation Can Help Resolve Construction Defect Disputes

The term “mediation” refers to a private and informal dispute resolution process that allows you to stay out of court and resolve your contested claim. You use a neutral third-party, a mediator, as a “go-between” to work with the other side to resolve your dispute. Sometimes having someone who has no stake in the outcome can be a good resource to communicate effectively between the parties. Mediation can be a Read More

The Basics of California Mechanic’s Liens: Part II – Perfection, Bonds, Waivers, and Enforcement

Last month, we discussed some of the basics of mechanic’s liens in California, including the timing and notice requirements that must be followed under the 2012 changes to the law. You can read that post here. This month, we want to dig a little deeper into additional requirements for mechanic’s liens, including perfecting a mechanic’s lien, bond requirements, mechanic’s lien waivers, and the process for enforcing Read More

The Basics of California Mechanic’s Liens: Part I – Timing and Notice

When someone does work on a house to improve it, they have special rights to be able to collect the value of that work in California. They can file what is called a “mechanic’s lien” on the property where the work occurred. Mechanic’s liens are valuable because they encourage homeowners to pay for improvements to their home. A lien on a property will generally have to be addressed before the house is sold or Read More

4 Common LLC Disputes

Business disputes can arise from more than just external sources. Internal disagreements can cause significant problems within a company, sometimes to the point where the company may need to be dissolved. However, disputes between owners are very common and can actually be healthy for a company. Either way, it is important to work through internal issues to help your company thrive for years to come. Below are Read More

4 Benefits of Choosing Mediation Over Litigation

When two parties disagree about the legal implications of a contract, agreement for services, or another issue, they may need to call in legal counsel to address their dispute. Unfortunately, this type of disagreement regularly leads to formal litigation. It’s no secret that litigation is extremely time-consuming and expensive. While it is sometimes necessary to resolve hotly contested disputes, other options, Read More

3 Common CC&R Disputes

Covenants, Conditions, and Restrictions (commonly known as CC&Rs) are found in homeowners’ association documents. Most condominiums, townhomes and closed gated communities have these agreements to maintain the quality of the area. They set out specific limitations and restrictions regarding your property. Some of the most common examples of these terms include: Required lawn maintenance Restrictions on Read More

Which Business Entity Is Right for You?

If you are considering starting a business, you have a lot to think about. Where should you be located? Who should you hire? What products and services should you offer? Where will you get financing? One of the top questions that should be on your mind is what type of legal entity you will use for your company. Some people assume that they do not need a legal entity for their business just because it is easier not Read More

Who Is an Independent Contractor? Make Sure You Know the Qualifications

If you own a construction company in California you will need to make use of a wide range of different types of workers to get your jobs done. This is because there is so much specialized work that nobody can be an expert on everything. Even a standard job will likely require builders, suppliers, electricians, plumbers, and many others to ensure everything is done right. When working with all these people, you need Read More

3 Scenarios to Address in Your Partnership Agreement

Developing a partnership is a big decision. Although you and your partner may get along great right now, that may not always be the case. It’s a good idea to think through a few situations and scenarios where knowing exactly who can do what will be necessary. Thinking about these potential problems now will save you time, money, and, potentially, friendships down the road. What Happens if Someone Can No Longer Read More