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April 2016 Archives

Forming a new business requires knowledgeable legal advice

Starting a new business in California can be an exciting time. Long held plans are about to ripen, and dreams are on the verge of becoming real. Nevertheless, many novice entrepreneurs fail to give careful thought to one of the most important decisions they will ever make: the legal form of their new entity.

How do "stop payment" notices work?

One of the greatest financial risk for a building contractor is not receiving payment from the project owner. California law provides two major protections for parties who provide labor, material or services in connection with construction projects: mechanic's liens and stop work notices. Both processes are intended to ensure that contractors, sub-contractors, suppliers and laborers get paid, but each works in a different manner. We will cover stop work notices in this post, and we will deal with mechanic's liens in a later installment.

Construction-defect suits haunt home builders

In the late 1990's and early 2000's, California, like many other states, enacted a number of laws intended to provide homeowners with the legal right to recover damages for construction defects in new houses. One of the unanticipated consequences of the new law is its effect on home builders after the collapse of the housing market in 2008. Construction defect litigation is now haunting some home builders with the prospect of bankruptcy.

No criminal charges in Berkeley balcony collapse

Sometimes, the line between criminal negligence and civil negligence can be very fine. Most people in California are aware of the balcony collapse in Berkeley. In 2015, six students from Ireland were killed, and some have wondered if the mishap involved criminal negligence.

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