Adler Law, A P.C.

What You Need to Know About Business Litigation Attorneys in California

Fri, 29 Sep 2023 18:20:20 GMT

Running a business in California can be tricky, especially when there are legal issues at hand. Whether you're facing a breach of contract or a dispute with a partner, it's important to have a business litigation attorney on your side. In this blog post, we'll discuss what business litigation attorneys do and how they can help you protect your business interests in California.

1. Understanding Business Litigation Attorneys

Business litigation attorneys specialize in resolving legal disputes that arise in the business world. They represent individuals, partnerships, and corporations in court and handle cases related to contract disputes, intellectual property issues, employment disputes, and other similar matters. These attorneys work to protect their clients' business interests, reduce their legal exposure, and minimize the impact of litigation on their operations.

2. Common Types of Business Litigation

There are several types of business litigation that can arise in California, including breach of contract, partnership disputes, shareholder disputes, intellectual property disputes, and employment litigation. A business litigation attorney can advise you on the best course of action to take based on the specific circumstances of your case. They can help you evaluate your legal options, negotiate settlements, and represent you in court if necessary.

3. Benefits of Hiring a Business Litigation Attorney

One of the main benefits of hiring a business litigation attorney is that they can provide you with legal advice that is tailored to your specific needs. They can help you understand the legal process and the potential outcomes of your case. They can also represent you in negotiations and in court, which can be critical in achieving a favorable outcome. Additionally, having a business litigation attorney on your side can help minimize the impact of litigation on your business and reduce your legal exposure.

4. Choosing the Right Business Litigation Attorney

When choosing a business litigation attorney in California, it's important to look for an attorney who has experience in your specific area of need. You'll also want to look for an attorney who has a track record of success and who has a good reputation in the legal community. Be sure to ask for references and do your own research before selecting an attorney. It's also important to choose an attorney who you feel comfortable working with and who can communicate effectively with you throughout the legal process.

5. Final Thoughts

Business litigation can be complex and daunting, but with the right attorney on your side, you can protect your business interests and achieve a favorable outcome. Whether you're facing a contract dispute or an employment lawsuit, a business litigation attorney can provide you with the legal expertise you need to make informed decisions about your case. So if you're a business owner in California facing a legal issue, don't hesitate to reach out to a business litigation attorney for help.

A business litigation attorney can be a valuable asset to any business owner in California. By understanding what these attorneys do and what benefits they offer, you can make an informed decision about whether to hire one for your legal needs. Remember to choose an attorney who has experience in your specific area of need and who you feel comfortable working with. With the right attorney on your side, you can protect your business interests and minimize the impact of litigation on your operations.

3 Common Business Disputes That Can Lead to Litigation

Fri, 02 Jun 2023 21:36:00 GMT

Have you ever wondered how a simple disagreement can escalate into a lawsuit? In this blog post, I will share some insights from my experience as an attorney and explain how everyday disputes can lead to litigation. Litigation is the process of resolving a legal dispute through the court system. It can be costly, time-consuming, and stressful for both parties involved. Some common causes of litigation are:

– Breach of contract: When one party fails to fulfill their obligations under a written or oral agreement, such as paying for goods or services, delivering a product, or performing a job.

– Negligence: When one party causes harm to another party by acting carelessly or recklessly, such as causing a car accident, injuring someone on their property, or providing faulty advice.

– Defamation: When one party damages another party’s reputation by making false or malicious statements, such as spreading rumors, posting negative reviews, or accusing someone of a crime.

– Fraud: When one party deceives another party for personal gain, such as lying about their qualifications, misrepresenting a product, or stealing money.

If you are involved in any of these situations, you may have grounds to sue or be sued. However, litigation is not always the best option. Sometimes, it is possible to resolve a dispute through negotiation, mediation, or arbitration. These are alternative dispute resolution (ADR) methods that can save you time and money and preserve your relationship with the other party. ADR methods involve the assistance of a neutral third party who helps the parties reach a mutually acceptable solution.

As an attorney, I can help you evaluate your options and choose the best course of action for your case. Whether you need to file a lawsuit, defend yourself from a lawsuit, or settle a dispute out of court, I can provide you with professional and personalized legal representation. Contact me today for a free consultation and let me help you protect your rights and interests.

The post 3 Common Business Disputes That Can Lead to Litigation appeared first on Adler Law, A P.C. .

3 Red Flags To Watch For When Hiring A Construction Contractor

Sat, 20 Jul 2019 20:41:00 GMT

When you hire a contractor, you put a lot of trust in him or her to do a good job. You rely on their expertise to ensure that the job is done right and will last for years to come. Many people do not have enough experience or know-how to realize when a job is done poorly, until something obviously breaks or leaks, sometimes long-after a construction contractor has left the site and been paid in full. That means that you need to take extra care to hire someone that will do good work for you.

Below are just a few warning signs that could indicate that a construction contractor may not be a good option for your job. If any of these issues arise, you may want to look elsewhere to get your job done.

Contractors may require that you make a partial payment upfront before they start work. Many contractors use these funds to purchase the necessary supplies for your job. However, if the contractor requires a significant up-front payment (more than half) or all of the fee upfront, that could be a sign that they want the option to never start work, skip out on the job, or may not be very good at their craft. You should also be wary of those who will only accept cash payments as well.

Most contractors who have experience and happy previous customers will be able to provide you with references of jobs well done in the past. Be sure to ask for references when you are shopping around for a contractor. If a contractor does not give you references when asked or gives you numbers that lead you nowhere or provides names that you cannot contact, those are all big red flags regarding a contractor’s work and credibility.

Online reviews can also be very helpful references as well. Even if a contractor only operates under his or her name, you can often do a quick online search to look for complaints or other issues.

Most contractors should have general liability insurance. This type of insurance protects them if they harm your property or if one of their workers is hurt on the job. If they do not have this type of insurance, you could be on the hook for their injuries.

If a contractor will not do the permit work for you, that could also be a sign that they are not properly licensed or insured. Generally, you should not have to do your own permit work when you hire a contractor for a job.

While these three red flags are big ones, you should also go with your “gut” when it comes to contractors. If you are having trouble contacting them, it seems like what they are saying is a bit off, or you are uncomfortable for any reason, look elsewhere. If you do run into issues, the team at Adler Law Firm can be a great resource for what you should do next. Contact us today for more information.

The post 3 Red Flags To Watch For When Hiring A Construction Contractor appeared first on Adler Law, A P.C. .

“For Cause” Contract Termination: An Overview

Thu, 20 Jun 2019 20:42:00 GMT

Most contracts, particularly construction contracts, will come to an end because a project has been completed successfully. However, there are situations where the contract needs to end early for a variety of reasons. There could be a dispute or perhaps the job was simply canceled.

In many situations, your construction contract will include a termination clause. It sets out how the contract can be stopped by either party. While there can be many reasons why a termination will occur, the most typical reason is “For Cause” and “For Convenience.” In this article, we will discuss what “for cause” means.

What Termination “For Cause” Means in a Construction Contract

When any party to a contract cannot complete the terms, that inability may breach or violate the agreement. When a breach occurs, you or the other party could terminate the contract because it was not fulfilled as required.

This type of termination is referred to as “for cause” because there is a specific reason that the contract is stopping, and many of those reasons are expressly set out in the contract. Some of the most common causes to terminate a contract include:

Inability to pay as promised
Cannot fulfill desired timelines
Catastrophe or the project becomes impossible or not feasible
Poor workmanship or unsatisfactory performance
Change in project goal
Specifically setting out what conditions will warrant triggering the termination clause will also indicate to the other party what factors are important to you and your project.
Getting Help with Your Construction Contract

Whether you are creating a construction contract or you have just had someone terminate a contract on you, Adler Law can help. Call today to learn more or to set up an appointment with our team.

The post “For Cause” Contract Termination: An Overview appeared first on Adler Law, A P.C. .

How Mediation Can Help Resolve Construction Defect Disputes

Mon, 20 May 2019 20:43:00 GMT

The term “mediation” refers to a private and informal dispute resolution process that allows you to stay out of court and resolve your contested claim. You use a neutral third-party, a mediator, as a “go-between” to work with the other side to resolve your dispute. Sometimes having someone who has no stake in the outcome can be a good resource to communicate effectively between the parties.

Mediation can be a helpful dispute resolution tool in many types of cases. However, it can be particularly effective when you are working through a construction case. Below are just a few reasons that construction disputes are particularly well-suited for mediation.

Construction cases can be very complex. Explaining complicated construction concepts or showing a jury exactly what you wanted in a construction project as a homeowner can be difficult. It may also require that you bring in experts that are sometimes expensive and take a lot of time to explain their complicated opinions. Trials can take a few days or even a few weeks in some cases.

In contrast, mediation can usually be completed within a day or two. While it is not always successful, it often is—saving significant time, effort, and money for everyone involved.

Construction cases may involve general contractors, subcontractors, other property owners, and all of their respective insurance companies. Things are bound to get confusing with that many entities involved in litigation. It also makes evidence that must be presented at trial very time consuming and complicated. The average jury will likely have trouble keeping the arguments and parties straight.

Mediation takes these concerns out of the analysis. Every party can participate at similar levels at mediation, making the entire process much less complex and streamlined.

The average person who would sit on a jury likely has very little experience with complicated construction standards. In fact, the average judge probably does not know many construction practices or concepts. Having to explain these ideas and concepts can be very challenging, and it can make getting a fair result nearly impossible.

However, you can choose a mediator that has experience with construction cases—and you have a lot more say in who you mediator is compared to which judge you are assigned or who sits on your jury.

Getting Help with Your Construction Case

Having an experienced construction law attorney help with your case can be a huge asset and effective resource. Alder Law will be able to help you determine if mediation is the best option for your unique situation. Give us a call today to learn more about how we can help you and your loved ones with your construction law claim.

The post How Mediation Can Help Resolve Construction Defect Disputes appeared first on Adler Law, A P.C. .

The Basics of California Mechanic’s Liens: Part II – Perfection, Bonds, Waivers, and Enforcement

Sat, 20 Apr 2019 20:44:00 GMT

Last month, we discussed some of the basics of mechanic’s liens in California, including the timing and notice requirements that must be followed under the 2012 changes to the law. You can read that post here.

This month, we want to dig a little deeper into additional requirements for mechanic’s liens, including perfecting a mechanic’s lien, bond requirements, mechanic’s lien waivers, and the process for enforcing a mechanic’s lien. The first three topics allow homeowners or contractors to get around a lien that is in place, which helps avoid the potential for enforcing the lien altogether.

Perfecting a Mechanic’s Lien

A mechanic’s lien is only valid if the contractor or other labor-provider follows very specific requirements. First, a lien must be recorded with the county where the property is located. This process must be done within 90 days of the completion date. If the owner files a valid notice of competition, however, a direct contractor only has 60 days to file its lien. Indirect contractors have just 30 days to file a lien. Once a project is complete, it’s often a good idea to file a notice of completion to cut off the right to file a lien in many circumstances.

Recording a lien requires that the contractor provide specific information to the county recorder, including:

A statement of the amount owed
A description of the project
The name of the owner of the property
The name of the person/entity who provided the work and their address
Information about the property (usually address, but also can be the parcel number)
Proof of service of the claim to the property owner
A statement that includes required language in the statute
Only if the lien contains all of this information will it be considered valid under California law. When a mechanic’s lien does not include this information, it can be completely set aside and ignored.

Required Bonds

A bond is a written agreement that states that someone will perform a certain act. Then, if they do not complete that act, then they have to pay a certain amount of money, or they lose rights to money that has already been deposited. In the context of a mechanic’s lien, a contractor or homeowner can use a bond to have a lien removed from their property once it is already in place. The property owner or another contractor can file a release bond that is at least 125% of the total lien claimed.

Lien Waivers

Property owners and general contractors may be able to get lien waivers from subcontractors or those who provide material for a project. A lien waiver essentially states that if the individual or company is paid in full, then they will not put a lien on the property. California law requires particular lien waiver and release language be used for this process. A form is available for this purpose.

Getting Rid of a Mechanic’s Lien: Enforcement or Expungement

When a valid mechanic’s lien is in place, there are really only two ways to force action on the lien. Of course, if the property owner pays the lien amount, the contractor is supposed to voluntarily lift the lien. Otherwise, you will likely need to take other action. To enforce a mechanic’s lien, a contractor must start a foreclosure process on the property. This must be done within 90 days of recording the lien.

Alternatively, a homeowner could also petition a court to release a lien if the contractor has not sued on it or it may be invalid. Before doing that, however, a homeowner must first demand that the lien be lifted or withdrawn. This is sometimes necessary if the lien amount has been paid but has not yet been removed from the property.

Alder Law is prepared to address all of your questions and concerns about mechanic’s liens in California. Give us a call today for more information or to schedule an appointment.

The post The Basics of California Mechanic’s Liens: Part II – Perfection, Bonds, Waivers, and Enforcement appeared first on Adler Law, A P.C. .

The Basics of California Mechanic’s Liens: Part I – Timing and Notice

Wed, 20 Mar 2019 20:45:00 GMT

When someone does work on a house to improve it, they have special rights to be able to collect the value of that work in California. They can file what is called a “mechanic’s lien” on the property where the work occurred. Mechanic’s liens are valuable because they encourage homeowners to pay for improvements to their home. A lien on a property will generally have to be addressed before the house is sold or refinanced, which increases the likelihood that the contractor will get paid. Liens are also available on commercial properties as well.

A mechanic’s lien gives you the right to start a foreclosure action on the property if the lien goes unpaid after your demand for payment. That makes mechanic’s lien a very useful debt collection tool, sometimes even more so than a judgment after a lawsuit.

In this two-part series, we detail some of the need-to-know information for homeowners and contractors about mechanic’s liens in California.

The Basics: Who Can Assert a Mechanic’s Lien?

Any person who provides work to improve a property can file a mechanic’s lien. The individuals or entities who commonly assert mechanic’s liens include:

Contractors
Subcontractors
Material suppliers
Equipment lessors
Design professionals
Laborers
The lien attaches to the property that was improved. An “improvement” includes any construction or alteration of the property. It can even include things like planting, leveling, and grading in addition to work directly on a home or another property.

Notice and Timing Requirements

In 2012, the California legislature revised the mechanic’s lien statute, and many of those revisions dealt with the timing and notice requirements for mechanic’s liens.

For instance, the definition of “completion” of work. The completion date dictates the deadline for when a mechanic’s lien should be filed. Today, the completion date is when the contractor is completely finished with all work or where labor stops for at least 60 consecutive days (or 30 days if the contractor files a notice of cessation). Previously, the date was whenever the homeowner accepted the work, but that is no longer a requirement under the newly revised law. Notices of completion must also be recorded within 15 days after the actual competition of the project.

Additionally, contractors must also file a notice when they start work as well. This notice is often referred to as the “Preliminary 20-Day Notice,” although the official name has changed since the 2012 law changes (but the 20-day time limit still applies). This notice is required to assert a mechanic’s lien. However, this notice is only required to be provided to the property owner if the contractor does not have direct contact with that person, which means that general contractors often do not need to provide this type of notice. Nonetheless, it must be provided to construction lenders and reputed construction lenders, if there are any.

Next time, we will discuss bonds, waivers, and enforcing a mechanic’s lien once it is in place. In the meantime, if you have questions about mechanic’s liens, whether you want to assert one or you need to fight one, give the team at Alder Law a call to discuss your rights and options.

The post The Basics of California Mechanic’s Liens: Part I – Timing and Notice appeared first on Adler Law, A P.C. .