Construction Delays: How to Protect Your Rights When you enter into a building project, it is important to have a construction contract that outlines a deadline for completion and a contract that specifies what is to occur in the event of a delay. While the court may consider a delay in performance a material breach of a construction agreement in certain instances even if the contract does not specify a completion date, it is a far better option to use the terms of your construction agreement to protect yourself. → Read More
Licensed Contractors: Why Is a License Important? What types of licenses are required of your contractor? Are they local licenses or state licenses? Why should you only use a licensed contractor? → Read More
What happens after mediation ends? After mediation, life goes on and the threat of litigation no longer exists. Immediately following mediation, you and the opposing party will be asked to sign an official contract detailing the terms of the mediation agreement. The copies of the mediation agreement contract can be filed away by both parties and ideally never looked at again. → Read More
What is rescission? A rescission is the cancellation of a contract. A rescinded contract is terminated from the beginning – as though the contract never existed – so a rescission requires that all parties be brought back to the position they were in before entering into the contract. → Read More
How much does mediation cost? There is a huge variation in the cost of mediation, depending on the nature of the dispute and the way the dispute ended up in mediation. Disputes between neighbors may be mediated by a neighborhood dispute resolution organization that provides free services. In other cases, where the parties want a professional mediator, each party can expect to pay from $1,000 to $2,000 a day. → Read More
Is the agreement reached in mediation enforceable? Whether an agreement reached through mediation is enforceable depends on the situation. If no case has been filed, the lawyers will draw up a contract that binds both parties. A mediation agreement document is a contract. For out-of-court mediation, it’s a standard contract; if either side does not honor the contract, then the only means the other party has is taking the action to court. → Read More
What is a lead plaintiff in a class action lawsuit? In the world of class action lawsuits, there may be a vast numbers of individuals who might be involved in a particular lawsuit and a large number of potential law firms that may be involved. As such, it becomes necessary for the courts to pick a single law firm and a single plaintiff (or small group of plaintiffs) to represent the class, as well as to make decisions for the class that will push the case forward over time. In class action legal terms, the term used to describe this is the lead plaintiff. → Read More
What is non-binding or advisory arbitration? Non-binding or advisory arbitration is a step up from mediation in the realm of alternative dispute resolution. It allows parties a forum to debate their case without the fear of a permanent verdict. Non-binding arbitration is a formal process with specific governing rules and procedures that are implemented by most businesses and some courts as an alternative to a full trial. → Read More
What is a lawsuit? A lawsuit is a civil legal action brought in a court. Typically one party is suing another party for money or other property → Read More
How is the appeal process and how does it work? What is an appellant? An appeal takes place when an appellant resorts to a superior (appellate) court to review the decision of an inferior (trial) court or administrative agency. A complaint to a higher court of an error or injustice committed by a lower court may correct or reverse that error or injustice. An appellant is the party who takes an appeal from one court jurisdiction to another. → Read More
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