William L. Porter | Porter Law Group The General Rule in California: The Winner Does NOT Receive Attorney Fees and Costs: There is a common misconception that court decisions require the loser in a lawsuit to reimburse the winner for the fees and costs incurred during the lawsuit. Reliance on this misconception in developing a… Continue reading Winning Attorney Fees in Litigation as a California Construction Contractor or Subcontractor
Month: January 2022
2022 California Construction Law Update
Garret Murai | California Construction Law Blog It’s been a trying year as we approach the end of 2021. From the pandemic approaching nearly two years to concerns regarding climate change to the impact of inflation on everything from the cost of groceries to housing affordability. During the first half of the 2021-2022 legislative session,… Continue reading 2022 California Construction Law Update
No License, No Contract, No Claim
Jeffrey MacHarg | Fox Rothschild LLP Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.” JCG & Associates, LLC vs. Disaster America USA, LLC, 2021 NCBC Order 76 (N.C. Super. Ct. Dec. 9, 2021) involved a dispute between several Brunswick county homeowners and… Continue reading No License, No Contract, No Claim
Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
Nicolas Bohorquez | Freeman Mathis & Gary An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations. The more involved and protracted the litigation, the more your company must reallocate its resources (i.e. time and money) to tend to the litigation instead of focusing on projects that generate revenue. Despite the headache, litigation serves a necessary purpose to protect what… Continue reading Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
How to Pop the (Mediation) Question – a Mediator’s Perspective
Andrew J. Horowitz | HR Legalist You are litigating a case and you want to raise the topic of settlement with the other side. It may be that your client has fatigue from spending money on legal fees and just wants to be done, you don’t like the way the litigation is going, or your… Continue reading How to Pop the (Mediation) Question – a Mediator’s Perspective