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THE THREE TERMS OF A CONTRACT OFFER : A clear offer outlining the terms of the contract, namely the responsibilities and expectations of each party involved. ACCEPTANCE : Second party agrees to the terms put forward in the offer either in written form – which is always preferred – or verbally. CONSIDERATION : The actual performance of the contract terms:…
UNDERSTANDING DISPUTES BETWEEN CONTRACTORS AND HOMEOWNERS When you are doing a renovation project, the last thing you want to deal with are mistakes. You’ve invested a lot of time and money into your home remodel. However, if there are construction defects, this could very easily lead to a contractor legal dispute. The contractor legal dispute could stem from a disagreement on…
WHAT DAMAGES CAN I RECOVER IN A PERSONAL INJURY CASE? No one plans to get injured because of someone else’s wrongdoing, but we all know accidents happen. Sometimes you are the cause of the accident, sometimes someone else is the cause. If you are injured because of a car accident, there are several things you should know. Importantly, you have…
WHICH CLAIMS CAN I MAKE IN MY CONSTRUCTION DEFECT LITIGATION CASE? There are two general categories of claims that can be made in construction defect litigation: Breach of Contract and Breach of Warranty. Breach of Contract is the most common claim in construction defect litigation. A homeowner can bring a breach of contract claim against a contractor if the contract imposes a duty, that duty…
WHEN TO HIRE A BUSINESS LITIGATION ATTORNEY Whether you are a large or small business owner, you already have more responsibilities than you can handle in running your business. One of the last things you want to do is hire an attorney. But there are times when hiring a business litigation attorney is exactly what you should do to protect…
WHAT ARE THE PROS AND CONS OF SETTLING A PERSONAL INJURY CASE? When you first retain an attorney to handle your personal injury case, images of a trial might run through your head. This is certainly one way to resolve your case. But it could come at a high cost, both financially and emotionally, especially if the jury doesn’t side with…
What is a Liability Waiver? Most people have signed liability waivers in their lives without knowing it. They are usually presented to consumers for signature just before renting skis, snowmobiles, going on a sightseeing trip in a helicopter, renting construction equipment, or going on a scuba diving excursion. If the activity has any potential risk of causing injury, chances are…
Does My Car Insurance Follow Me or the Car? Your daughter borrows your car and causes an accident. You let your best friend borrow your car because his vehicle is in the shop. Your friend then causes an accident. A person breaks into your garage, steals your car, and crashes. Will your car insurance cover these accidents? Yes, but there…
WHAT IS SUBROGATION? Subrogation is an equitable legal doctrine that means one person has a right of repayment from another person. If that sounds complicated, it can be. Many attorneys and legal scholars struggle to understand it, but subrogation is very familiar to insurance companies. To help understand subrogation, let’s use a common situation involving car insurance. Most drivers have…
DEFINITION OF A DEPOSITION A deposition consists of a procedure outside of court where an attorney collects information and facts from a witness in a court case. Discovery is part of this process and encompasses information that will be used in court. The findings that are made during discovery can bring about a settlement or give reason for the parties…