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.
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
Real Estate Broker Fiduciary Duty Lawsuits and litigation frequently arise from California real estate transactions over the duties and disclosures a real estate broker is required to make to their client. There are multiple levels of duties owed to the client, both statutory and common law. However, the most important duty a real estate broker
Real Property owner’s construction defect claims and the damages recoverable vary and these variances are determined to a large extent by the purchase agreement through which the owner acquired the property. The legal landscape has changed over time, and currently, there are 3 sometimes overlapping legal frameworks that govern an owner’s residential real property claims,
Seller disclosures are a critical component of real estate sales transactions and are particularly important to residential real property purchase and sale transactions. Seller disclosures are required by law in California and are an integral and essential component of fairness in the transaction in which the buyer is unaware of many of the conditions of
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
When and whether to settle a lawsuit is a critical crossroad to almost every lawsuit. Given that a very high percentage of cases settle, by some estimates as high as 95%, we realize that decisions on settlement are critical. The reason cases settle vary, but the common theme to settlements is the same for both
Breach of contract is a key element of real estate and construction defect litigation. This is because, in many circumstances, there is a contract involved that has been breached or violated that gives rise to a cause of action and an avenue for a remedy: that is to recover money damages for breach of contract.
Statutes of limitation exist in every state and in Federal law as well. Statutes of limitation are laws that define the time limits for filing a civil action (as opposed to a criminal action). Once the statute of limitations has passed, or “run”, the right to file a lawsuit no longer exists and the claim
Many of the problems that are caused by Construction Contractors in California are the result of poor workmanship, lack of supervision and a lack of financial resources to stand behind their work, when the work is defective or substandard. While these issues are difficult to prevent, these issues provide a series of inquiries and steps