Esquire Depostion Solutions No other pretrial discovery process rivals the deposition for its ability to alter the course of civil litigation. Depositions alone bring litigators face-to-face with key witnesses, experts, and the parties themselves in a trial-like setting where the deponent can be heard from directly, largely without the assistance of counsel. Through depositions, litigators… Continue reading The 4 Reasons to Conduct a Deposition
Month: June 2023
One More Thing Moving From California to Texas: Wildfire Risk
Patrick Sisson | Bloomberg Climate change and development are set to collide in the booming Austin-San Antonio megaregion as housing expands into fire-prone wildlands. In early January, Keith Elwell was doing one of the things he does best, swinging chainsaws to help save forests from wildfire. Amid groves of junipers and white oak trees, Elwell… Continue reading One More Thing Moving From California to Texas: Wildfire Risk
Incorporation by Reference in Your Design Services Contract– What Does This Mean, and are You at Risk? (Law Note)
Melissa Dewey Brumback | Construction Law in North Carolina Has an Owner ever asked you to sign his contract before you started work on a new design project? Rhetorical question– this happens all the time, right? Especially in commercial work, developers or owners typically are not happy to simply agree to your Proposal for Services,… Continue reading Incorporation by Reference in Your Design Services Contract– What Does This Mean, and are You at Risk? (Law Note)
Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy
William L. Porter | Porter Law Group Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added… Continue reading Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy
Covenant of Good Faith and Fair Dealing Applied to Pass-Through Agreements
Scott D. Cessar | Construction Executive Pass-through claims are claims by a party that has suffered damages but does not have a contractual relationship with the entity that caused the damages. In the construction industry, subcontractors commonly have claims for additional costs based on actions or inactions by the owner. However, since the subcontractor is not… Continue reading Covenant of Good Faith and Fair Dealing Applied to Pass-Through Agreements