Although arbitration is strongly favored by the courts and the policy of the state of California, there are certain circumstances that provide a basis to challenge and defeat such a petition. This article presents 3 ways a party to an arbitration provision can contest and possibly defeat a petition to compel arbitration in court.
Construction Defect and Real Estate Litigation: 3 Ways to Contest Arbitration Read More »
When litigating construction defect claims and disputes against contractors in California, and when formulating the complaint, conducting discovery and preparing for trial, one should always look to the California Business and Professions Code laws and standards that apply to contractors. The California Business & Professions Code contractor provisions go well beyond the basic licensing requirements
Much of the litigation arising from real property sales transactions involves some form or non-disclosure or even concealment of information related to the condition of the property by the brokers and agents in the sale. There are specific disclosures required of the broker-agents by law and violating these disclosure duties gives rise to a cause
The COVID-19 pandemic has had a very profound impact on the California courts and in particular on trials of the Los Angeles Superior Courts, both jury and non-jury. Currently, there are more than 7,000 criminal cases that must be tried to satisfy these defendant’s statutory and constitutional right to a speedy trial. As the Court
Construction Defect and Real Estate Litigation: Jury Trials in the COVID World Read More »
Alter Ego Doctrine Normally, the corporation is an insulator from personal liability for shareholders and officers of a corporation from the claims of creditors. Limited liability for the persons involved in the corporation is a protection afforded by the corporate form and the privileges associated with the fictional entity created by statute and recognized by
In California, the measure of damages for tortious injury to real property, such as negligence, including damages caused by negligent construction defects, is governed in part by the so-called Lesser of Rule. Fraud, although a tort, is included, but may also involve a different damages analysis. For our purposes here, we consider the application of
Damages for Injury to Real Property: The Lesser of Rule Read More »
When to pursue a construction defect claim is fairly simple and is determined by the statutes of limitation. Simply stated, if you are aware of a possible claim, then the statute of limitations is running, and the claim will be time barred unless you file suit. Statutes of Limitations Considerations There are different statute of
When to Pursue a Construction Defect Claim Read More »
Hiring and selecting a contractor is a critical decision, a decision that a construction defect attorney with 35 years of experience can offer valuable insights to, having seen decades worth of situations where the relationship between the owner and contractor ends up in litigation or where the contractor simply does not perform. Certainly, many lawsuits
How to Select and Hire a Contractor Read More »
Contractors involved in building and construction in California face lawsuits in regularly, based on their widespread involvement in the industry of building and construction in which there are numerous specific legal protections and rights afforded to owners and developers who hire these contractors, and there are specific standards in the law that govern the work
3 Common Reasons Contractors Face Lawsuits Read More »
Construction defects frequently arise in the construction of new homes and commercial buildings. These defects occur for a variety of reasons, but primarily due to the failure of the general contractor in charge of supervising the work and quite often the license under which most of the work is performed fails to properly supervise the
The Most Common Construction Defects Brought Before The Courts Read More »
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