Ryan McLane – Dressman Benzinger LaVelle psc

Contracts Contingent on the "Satisfaction of the Buyer"

A "satisfaction" clause is a fairly common provision in a variety of contract types. You have likely seen such a clause before or perhaps been party to a contract involving one. Satisfaction clauses can cover a wide range of…more

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Bad Fences Make Bad Neighbors: Homeowners and Easement Rights

Everyone has heard some form of the proverb "good fences make good neighbors." Robert Frost used this wording in his poem, Mending Wall. The point (of the proverb, not necessarily the poem) is that privacy and separation, in…more

| Civil Procedure, Real Estate - Residential

Does the Acceptabce of a Bid Create a Binding Contract?

Those in the construction industry typically understand the basics of contracts. Even the word "contractor" reflects their regular use and experience with them. Nevertheless, the question of whether acceptance of a bid creates…more

| Construction Law

Don't Procrastinate: Know Your Statutes of Limitations

As a lawyer, especially as a litigator, I must pay close attention to statutes of limitations. Most people are generally aware of the idea behind these statutes. They operate to set a time limit for filing a lawsuit in a civil…more

| Civil Procedure

Performance and Payment Bonds on State Construction Projects

The economic downturn that began with the subprime mortgage crisis in 2007 and has continued through the present has not spared the construction industry. With the private construction market struggling, many contractors…more

| Construction Law

Defending the Frivolous Lawsuit: Can You Recover Your Legal Fees?

As a member of DBL's Civil Litigation Practice Group, I frequently defend small and medium-sized businesses against all sorts of lawsuits. While being sued is not a regular occurrence for most such companies, it remains a cost…more

| Business Torts, Civil Procedure

Dealmaking, Contracting, and the Parol Evidence Rule

A court will presume that one has read a contract and agreed to its contents if he or she signs it. In other words, failing to read the "fine print" cannot serve as an excuse if the deal goes bad. Courts take this principle…more

| Civil Procedure, Commercial Law & Contracts

Damages Experts In Construction Defect Cases - You Need Two

Some confusion has arisen in construction defect cases as to the proper measure of damages and evidence needed to prove them. The two competing theories for measure of damages are: 1) the cost of repair or restoration; and 2)…more

| Construction Law

Bring The Decision-Makers To Mediation

I recently read an article explaining ways to increase the likelihood of success at mediation. The article presented the advice in the negative, that is, mistakes to avoid. One of the key points was: Do not leave the…more

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