What types of construction defect problems are most common in California?

The most common construction defects in California are foundation related, water-related, and roofing related defects. Foundation related defects usually involve cracks in the foundation and building slabs, unevenness in-floor slab, etc. These cracks are frequently caused by unstable soil in reaction to earth movement. Water-related defects include water intrusions, improperly installed plumbing systems, improper drainage systems, etc. Roofing related defects include roof leaks, inadequate ventilation, weathered flashing, etc. Other common types of defects include buckled sliding, over-stressed structural members, difficulty in opening doors and windows, etc.

If everything looks fine, can there still be construction defects?

Yes. Construction defects can either be readily discoverable by inspection or latent. Most of the litigation arising from construction defects are based on apparent defects. Latent defects are concealed flaws not apparent by reasonable inspection and are usually uncovered by investigation or years after completion of construction. Examples of latent defects include damaged pipes in walls, dampness behind a cabinet, etc. It is important to contact your attorney immediately you discover any. This is due to the time-sensitive nature of those cases.

What California Real Estate Transactions Do You Handle?

We provide legal assistance to our clients in a wide range of real estate transactions. We provide representation to buyers, sellers, agents, brokers, landlords, tenants, and developers in a wide range of real estate transactions. We negotiate and draft commercial purchase agreements, commercial lease agreements, common roadway use and maintenance agreements, CC&Rs, common ownership agreements, etc. Aside from these, we also offer dispute resolution services to our clients by handling their litigation needs as they require after case evaluation.

What is a Real Estate Transaction?

As the name implies, real estate transactions simply mean transactions involving land, buildings, and another real estate. They may be of different types ranging from purchase agreement contracts, power of attorney contracts, and contracts for deed to lease agreements. In most cases, real estate transactions begin with a written contract and end with a closing. Usual parties involved in real estate transactions are the seller, buyer, real estate agents, real estate attorneys, and Lender if you have a financing arrangement.

When Should I Hire a Real Estate Attorney?

Real estate transactions can be complicated and stressful. Hiring an attorney helps you navigate the rigors and ensures the protection of your rights and interests. At various intervals, during the transaction, you may require legal advice which can only be provided by a qualified attorney. Real estate attorneys also review and modify contracts and other relevant documents, explain your contractual obligations, work with your financier, and pursue remedies on your behalf for breach where it occurs.

What Are the Most Common Purchase Agreement Problems in California?

The devil is in the details as far as real estate purchase agreements are concerned. Drafting from standard templates without paying attention to a specific need of parties, misrepresentation of property are common problems with purchase agreements. Some of the most common problems in real estate transactions are caused by failing to read and understand forms and contracts. It may also be caused by not making your expectations clear to your real estate professional. The bulk of these problems can be averted by hiring a competent real estate attorney.

Are there alternatives to going to court to resolve a business dispute?

Yes. There is an Alternative Dispute Resolution mechanism for resolving business disputes. The common forms of ADR include mediation, arbitration, negotiation, conciliation, mini-trials, etc. There are hybrid ADR procedures involving two of any of the listed forms. Some of the comparative advantages they offer include party autonomy over outcome and procedure, preservation of existing relationships, flexibility, cost-effectiveness, and timely resolution. In recent times, courts have often recommended ADR measures for resolving conflicts before heading to trial if it fails.

How should companies respond to an internal corporate or partnership dispute?

Conflicts are inevitable as long as there is human interaction. When they occur in the corporate space they should be looked upon cordially and quickly. Suppression or even litigation may not be the best response to internal disputes. Internal disputes should be preempted and appropriate formal grievance procedures should be included in the partnership agreements and employee handbooks. The best way to respond to internal corporate and partnership disputes is to adopt or refer to alternative dispute resolution measures.

Should my company file a lawsuit if our business has been harmed?

Throughout our practice, we have discovered that litigation may not be the best option for some business disputes. If your company has been harmed by the action or omission of another, you may recover through alternative dispute resolution measures. There are situations where a lawsuit would be more appropriate especially if you wish to maintain your business relationship. You should hire a competent attorney for an appropriate case evaluation to determine the best option for the best possible outcomes.

July 2020 - William Vencill

Starting anything from scratch is always challenging. When it comes to starting a business, for instance, the amount of work that is needed to get things started and running smoothly can be overwhelming.

One of the most important things that you need most at this stage is sound legal direction. Every state has specific regulations and requirements that every startup needs to comply with. To help you understand these regulations, it is best to hire the services of a business attorney, an expert with experience and knowledge about the local codes and how business law works. Such experts can help protect your business in several ways, including:

1. Detect Legal Problems Early

Many businesses face legal issues such as wrongful terminations and sexual harassment or any other issue that could cause the company to get sued. Do not wait until this happens; seek legal advice as soon as you found the business. The lawyer will advise you on the rights of both employer and employee, which will protect you from future legal problems.

2. Protect Your Business Name

Naming a business is a very personal process. It is, however, essential to have a lawyer explain all the legal requirements involved before you begin using any name. For instance, all states have rules on naming businesses, including the fact that you cannot use a name that another company is using.

A lawyer will help find out if another business is using the name you have chosen. They will also help you settle for a name that can be trademarked to stop competitors from using it to benefit financially.

3. Draw All Important Contracts

A lawyer will help you draw contracts that clearly explain the rights and responsibilities of all parties that are involved. This will reduce disagreements and provide ready solutions if the parties do not fulfill their obligations.

Besides, contracts will protect company secrets, define relationships between employees, as well as protect the company’s interest during regular and major transactions. A lawyer will review all the contracts and help you develop agreements that the business is expected to use frequently.

If you are engaging contractors, a lawyer will help you develop an intellectual property agreement that stops them from walking away with all the ideas that they come up with when working in your company. This will help you avoid conflicts and legal issues in the future.

4. Reviewing Real-Estate Leases and Agreements

Unless you have a home-based business, you are going to set up shop in an office building, commercial space or some warehouse. Whether you lease or purchase the space, you are going to need a business lawyer to help you review all the fine print on terms and agreements.

5. Offer Advice On Tax

Each state has requirements for tax, record keeping, and several other business-related processes. When starting a business, you need to understand what is required of you to comply with all the rules and regulations.

A business lawyer will advise you on tax laws required for a new business and help you come up with a structure and any licenses that you might need. This will include advice on any tax you might need to pay when making business investments. This way, you will avoid any surprises from authorities notifying you that you’ve violated tax laws, which could result in the company unnecessarily paying a lot of money in penalties or you (the owner) serving a jail term.

Conclusion

Getting legal help from a business attorney is a shrewd way of starting a business off on the right foot. Whether it is for tax purposes or employment law compliance, you are going to need the services of an attorney. Most importantly, ensure that you contract the right business lawyer for your needs. You can contact qualified business attorneys near you today to discuss your requirements and learn how to set up a business in a way that minimizes your liabilities and optimizes your profits.

Five Ways a Business Lawyer Protects You When Founding a Business

Monthly Archives: July 2020

Five Ways a Business Lawyer Protects You When Founding a Business

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