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Disclosing Lawsuits To Buyers Of Residential Property

Sellers of existing residential property are required by California law to make various disclosures to a prospective buyer. [See generally Disclosures In Real Property Transactions, published by the California Department of...more

CEQA Litigation: The Cost Of Doing Business In California

There has been a lot of news lately on the costs of CEQA litigation, as well as the potential for the statute to be used as a tool to stop development, good or bad, or exact concessions or pay-offs. What is CEQA? CEQA, or...more

Can an Intervening Insurance Company Sue for Breach of Contract?

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

Arbitrate, don't surrender!

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

Miller-Davis v Ahrens Construction Inc

Supreme Court to Address Whether "Statute of Repose" for Actions Against Contractors Applies to Implied "Tort" Claims for Injuries...

The Michigan Supreme Court heard oral argument to consider whether MCL 600.5839, the statute of repose, for “any action” against architects, engineers, or contractors to recover damages for “any injury to...more

The 123s of Current North Carolina Lien Law: Issues for Owners

Issues for Owners facing a Lien on their Property in North Carolina....more

Keeping Your Company in Compliance with "The Man"

Proper procedures and checks to ensure you maintain corporate formalities can help prevent anyone from "piercing the corporate veil" and suing you individually....more

Insurance Physical: Worth the Check-up!

An appropriate review of your construction and business insurance policies can minimize your risk in the event of a lawsuit....more

Common Sense Tip: Don't Lose Your Cool When Sued!

What to do immediately if you are sued....more

The ABCs of Current Lien Law in North Carolina

Explanation of the current lien law in North Carolina for contractors and design professionals....more

Defining "Substantial Completion" on the Construction Project

This article discusses the legal concept of "substantial completion" on the construction project....more

Defining the Architect's and Engineer's "Standard of Care"

This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects....more

What are Liquidated Damages?

This article explores the legal concept of liquidated damages on construction projects....more

What is Indemnity, and why should you care?

This article explores indemnity in the context of North Carolina construction projects....more

The 6 Implied Warranties on NC Construction Projects

This article discusses the 6 implied warranties for construction projects in North Carolina, and contains information that every builder or owner should know....more

6 Contract Law Tips for Limiting Risk on Construction Projects

On a regular basis, you should dedicate some timeto cleaning up your systems for limiting your risk on construction projects. This article provides 6 tips to improve your construction (or any other business) contracts. ...more

Illinois Supreme Court Holds That Oral Contracts Not Necessarily Unenforceable, But Why Risk It?

On September 23, 2010, the Illinois Supreme Court held that, pursuant to Illinois' Home Repair and Remodeling Act ("Act"), oral contracts were not necessariliy unenforceable. As such, contractors owed money pursuant to oral...more

Be Wary of "Gentlemen's Agreements"

"Gentlemen's Agreements", especially on construction projects, are prone to later disputes, disagreements, and litigation. Protect yourself by getting everything in writing....more

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