Mediation vs. Arbitration in Construction Disputes

When a dispute comes up in a construction project it is important to get it resolved as quickly as possible. Disputes have the potential to cause very significant delays, which are extremely expensive within the construction industry. In addition, if the dispute can’t be resolved it could cause a project to be abandoned. When facing disputes like this, there are three main options. The dispute can be litigated, or solved via either arbitration or ...
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Attorney Expert Witness Services in Real Estate Transaction Litigation Matters

Recently, our office and more particularly Ray Garcia, Esq. has been hired to serve as an expert witness in various litigation matters. Mr. Garcia has served as an expert witness in not only attorney fee hearings, but also matters involving real estate transactions. The closing process could be quite complex and as a result parties tend to bring lawsuits against each other when the transactions go wrong. Whether it is to determine who is entitled ...
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4 Common Examples of Intellectual Property Disputes for Which You Need an Attorney

Intellectual property disputes are a unique area of law since they are treated similar to property disputes, but there is (typically) nothing physical involved. In today’s modern world, however, intellectual property can be just as valuable as physical property, and often even more so. If you believe someone has violated your intellectual property rights, or you have been accused of doing so, it is important to have an attorney there to represent ...
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Florida Construction Law: 5 Common Causes of Defect Claims

For construction companies, one of the biggest causes for legal concern is defect claims. These claims can occur at almost any time, even several years after the construction is completed, which is why they are so hard to plan for, and defend against. Learning about some of the most common causes of defect claims can help you to take proactive steps to reduce the risk of defects on all future projects. Defective Building Materials One of ...
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A Brief Introduction to Directors and Officers (D&O) Liability Insurance

One important part of doing business today is minimizing the level of risk that the company and employees are exposed to. One significant risk that companies overlook is having investors or other interested parties sue the directors or officers of the company, should its value go down. This is most commonly seen with very large companies when their stock price drops significantly, which is why about 95% of Fortune 500 companies hold insurance ...
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Understanding the Difference Between Surety and Fiduciary Bonds

Surety bonds and fiduciary bonds are similar in what they do, which leads many people to get them confused or think that they are the same thing. The fact is, however, that they are not used for the same purpose and understanding the differences between the two can help ensure you seek the right ones for the right situations. Both bonds provide important protections to the individuals involved, but in very different ways. Take a moment to ...
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Florida Condo Law: An Introduction to the Interstate Land Sales Full Disclosure Act

The Interstate Land Sales Full Disclosure Act, or ILSA, was first enacted back in 1968, but due to a variety of revisions and amendments over the years, many condo owners and developers can be impacted by it today. The law was originally setup to protect out of state investors from purchasing a plot of land thinking it was very valuable, only to come out to inspect it after the purchase and find that it was of much lower quality than they were ...
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Understanding “Bad Faith” Claims

It is unfortunate when a customer is unhappy with how an insurance claim is handled, but there are times when they simply don’t meet the requirements to receive a payout, or the payout may be less than the customer expected. When this happens, some people will attempt to file a ‘Bad Faith’ lawsuit to try to get the money they feel they deserve, or as a ‘payback’ for not getting what they wanted from a claim. Bad faith cases need to be taken very ...
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5 Benefits of General Counsel Services for Construction Companies

Just about every companies can benefit from having a staff attorney, but most of them can’t really afford the expense of paying the salary. When this is the case, securing general counsel is the next best option. A general counsel is an attorney who is not an employee, but who is familiar with the company and used for most (or even all) of their legal needs. This can be done on retainer, or just on an as-needed basis. While most companies can ...
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How to Negotiate with the Bank on a Construction Project

Our nation’s current economic climate can make borrowing money difficult for many people, and unfortunately construction companies aren’t insulated from this challenge. When it comes time to secure funds for your next building project, consider that with a little careful negotiation, you might be able to save yourself and your company a substantial amount of money. Here are a few avenues to consider when talking with your bank:   Use ...
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