Options for Resolving Construction Disputes

Options for Resolving Construction Disputes

Civil Litigation
  Construction disputes can frequently arise, both during the performance of the contract and afterward. Both parties to the contract have rights and obligations. Not every construction dispute will go to litigation. Many disagreements are resolved through negotiation and communication. Each party may communicate its own point of view to the other, either verbally or through their attorney. If the parties are having difficulty resolving the dispute, they may even enlist a mediator to help them talk. The negotiations could result in an agreement or a modification to the existing contract. If parties want a neutral party to decide their dispute without the expense and bitterness of litigation, they may even opt for arbitration. Talking is usually preferable to litigation. Some disputes can be difficult to resolve, and one or…
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What is Insurance Bad Faith?

What is Insurance Bad Faith?

Civil Litigation
Lawyers will always tell you that an insurance company can make your life difficult in many ways. Some of these are just the usual ways that an insurance company will do business. In some cases, the insurance company may cross a line where its actions could violate state law. When that happens, you may have a bad faith claim against the insurance company. The insurance company has certain legal obligations to policyholders and claimants. These principles are a part of contract law, which requires a duty of good faith and fair dealing. The opposite of this is bad faith, where the insurance company does what it can to renege on its contractual obligations. Here are some examples of possible insurance bad faith: Extensive and unreasonable delays in processing and addressing…
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General Counsel Services for Your Business

General Counsel Services for Your Business

Civil Litigation
No matter what stage of growth your business is at, you will always need legal help at some point. Whether it is reviewing a contract, handling a dispute, or negotiating a corporate agreement, an experienced attorney can provide value. However, you may not have the need or budget for a full-time attorney. We help businesses in this position by providing outsourced general counsel services. An outsourced general counsel partners with you. They know your business because they work with you on a regular basis. Not only do they help you as legal issues arise, but they also are on the lookout for things that can affect your business. In addition, an outside general counsel can assist your business by building out your legal function and establishing an infrastructure that will…
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Disputes Involving Contract Force Majeure Clauses

Disputes Involving Contract Force Majeure Clauses

Civil Litigation
The force majeure clause is a crucial part of every contract that has been more than helpful during the recent pandemic and supply chain crisis. It excuses someone from performing a contract when a certain disruptive act happens that would make contract performance impossible. However, there can be disputes about the exact language of the clause. It is very important how a force majeure clause is written. The clause will lay out a list of events that excuse performance. These can be disasters or things described as “acts of God.” There may even be a broad catch-all clause that could include anything outside of a party’s control that would make performance impossible. Pay Close Attention to the Clause’s Language The court will look first to the language of the clause…
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Civil Litigation FAQ

Civil Litigation FAQ

Civil Litigation
What Types of Cases are Handled in Civil Court? Civil courts handle a wide range of cases, and plaintiffs can file complaints regarding the following and more: Contract disputes Real estate disputes Landlord/tenant conflicts Corporate disputes Collections and defaults Construction disputes Personal injury claims Insurance disputes You should always have a civil litigation lawyer in Boca Raton who has experience representing clients in your specific type of civil case. What Legal Relief Can the Court Grant? When you file a complaint, you have to state the legal relief you are seeking to resolve the matter. Relief can take different forms, including: Monetary judgment Eviction Injunctive relief Declaratory relief Not all cases are for money damages, as many plaintiffs are seeking a court order for the defendant to do something specific…
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