The Influence of an Experienced Construction Lawyer

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Construction affects every resident of Orange County, California. The roads we use, the offices we work from, the homes we live in and the hospitals we visit for medical care are all influenced by construction. However, there are many legal aspects of construction that need to be handled by an experienced lawyer. When looking for a reputable construction law firm, Orange residents can count on Von Esch Law Group.

Von Esch Law Group has gained a national reputation, local experience and national strength to offer superior legal guidance to any size construction project. From conception, operation to maintenance, you can count on the legal prowess and expertise that’s offered by the law firm can help ensure that you remain on the safer side.

These legal experts have been in the construction field for many years and so they understand the intricacies that are associated with building and related works. Other than construction law, the legal team also offers services in such fields as family law, business law and real estate law. Whatever you need, you can have it covered perfectly well.

Von Esch Law Group represents architects, contractors, suppliers, sub-contractors and engineers in diverse facets of the design and construction industry. Regardless of whether you are managing, building, developing, designing or financing a building Von Esch Law Group offers you a wide array of legal services that seek to protect you and safeguard your interests.

For many years now, Von Esch Law Group has been proven to advocate for the interests of contractors, owners, suppliers and all those who are involved in the building and construction business. The projects which they are involved range from resorts, hotel facilities, condominiums and multi-million energy generation facilities. Von Esch Law Group has offers representation in all sorts of matters such as claims, government disputes, omission design claims, safety and health actions, building code disputes and many more.

Von Esch Law Group construction practice delivers innovative and pragmatic advice to their diverse range of clients. The legal counsel whom they provide from the onset to the completion of the project is of the highest value possible. At the earliest instances, they will analyze the project and anticipate potential risks before putting in place mitigating actions.

The attorneys will help you in such tasks as:

• Designing contracts, drafting and reviewing negotiations for construction projects
• Helping to identify the most appropriate project delivery methods
• Drafting and doing a review of development and take over agreements
• Providing counseling services to clients on how to avoid risks, risk allocation, scheduling and management.
• Representing clients before government regulatory agencies on project related matters

The benefit of the valuable legal advice that you get from Von Esch Law Group, a construction law firm, Orange CA goes beyond just helping you safeguard yourself against claims, but also guarantee a peace of mind.

Considerations for Starting a Small Business

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When looking to start a small business in Orange, you want to make sure to familiarize yourself with the basics of business law in order to choose the best kind of entity.

The central components of corporation and business law include commercial enterprises carried for profit, as compared to an entity whose purpose is not to make money, a non-profit.

The simplest form of commercial enterprise in American Law is a sole proprietorship. In a sole proprietorship a single person owns all assets, is responsible for all liabilities, and personally runs and operates the business, they are in charge of and responsible for all aspects of the company.

A partnership involves two people working jointly to run, operate, and profit from a business. They are also both legally responsible for the company.

A corporation usually has the distinction of being treated as a single entity, separate from its stakeholders, when participating in any legal action. This means shareholders who own certain rights will not be treated as liable in any legal actions taken.

Corporations and business entities must be organized and operated in accordance with the state law. In the fields of taxation and business regulation, federal law is also important. All corporations and business entities must follow both state and federal law, dealing with taxes and other regulations.

On the other hand, non-profits are companies and businesses whose sole purpose Is not to make money, but to contribute to some positive cause. Because of this they do not have to act in the same sort of accordance with the law as for-profit businesses. For example, a lot of non-profits are tax-exempt. Although they are treated differently, non-profits are still regulated and help up to standards by state and federal law.

Limited Liability companies and partnerships have a lot of similarities of sole proprietorship, partnership, and corporations. However, limited liability companies and partnerships are different I the sense that they have “limited liability and management” with their partners, members, and managers. These kinds of businesses are authorized in most states.

Choosing the best entity for your new business involves a lot of consideration of both legal and business questions. Most businesses use lawyers, accountants, and entrepreneurs to handle these matters appropriately, effectively, and efficiently. And in addition, this outside help can be beneficial in the long-run conduct and operation of commercial enterprises and corporations of any type.

The excitement, innovation, and rush of starting a new business can be so overwhelming and consuming, but it is important to take the time to consider these simple decisions that will greatly affect your relations and dealings with business law. If you are looking to start a business in Orange, or anywhere, make sure you look into getting a business attorney to help you efficiently throughout the process.

Litigating With Subpoenas

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Subpoenas are an essential litigation tool used by attorneys to ensure that they have all of the information that is available. The intent of a subpoena is to get information that could have an impact on the outcome of a trial, but which an attorney would not want to disclose voluntarily. Often, subpoenas will result in the disclosure of information that can result in a settlement before the trial begins. Subpoenas can lead to a better understanding of the other side’s case with a legal search. Thus, the attorney for the party that might look culpable if the information were to be disclosed will now provide this information with a subpoena specifically requesting the information.

Subpoenas offer attorneys a chance to get information that will help prove or disprove their client’s case. Criminal defense attorneys use subpoenas to obtain witness or lay opinions that could cast serious doubt on the guilt of their clients. Information on how evidence was handled in a DUI case could be vital in putting up a proper defense.

Attorneys in civil cases will use subpoenas to get information that may result in resolving the claim without a trial, or at the least, will give an advantage in the trial to the side that was favored by the material subpoenaed.

Using the power of the subpoena requires an understanding of what a subpoena can do, and about how to get a subpoena issued. The reasons for requesting a subpoena must be established in the motion requesting it. Care must be exercised to avoid the errors often found in a request for a subpoena. The constitutional grounds for requesting a subpoena must be honored, or the request will be denied.

Subpoenas are issued by the court which has jurisdiction over the case. Every court has procedures for issuing subpoenas, and they will expect these to be followed. Courts will also stipulate how the subpoena must be served upon the person who is expected to respond.

Subpoenas must be specific in requesting information, or the judge may deny the request; subpoenas cannot be used as a witch hunt.

Subpoenas are formal legal commands and they should be taken seriously. Failure to comply with a subpoena can lead to contempt of court charges, which may ultimately lead to financial penalties and cause harm to the case you have been asked to help with.

Breach Of Fiduciary Duty Claims – How To Avoid Them and How To Resolve Them

What Is A Breach Of Fiduciary Claim?

A breach of fiduciary duty claim arises when a person who is trusted to handle certain affairs according to a prescribed agreement fails to do so. This is just one element of a claim; it is also necessary to prove that the fiduciary’s actions were contrary to the interests of the person for whom the fiduciary has responsibility. Another element of a breach of fiduciary claim stems from the failure of the fiduciary to provide their best efforts in protecting the interests of the person they have agreed to serve.

Although this is an overview of the fiduciary’s responsibility, it does capture the essence of a fiduciary’s responsibilities. Therefore, it is essential that the person who agrees to accept fiduciary responsibility fully understands the responsibilities, and these should be clearly stated in a written document. Courts at every level have ruled that a fiduciary is held to a high standard of ethical conduct, the highest standard of honesty, and they must avoid even the appearance of obtaining a personal benefit at the expense of the person for whom they are acting.

However, courts have ruled that the fiduciary must exercise all of the skill, diligence, and care at their disposal. Some legal experts suggest that this can be a problem for a fiduciary because these requirements are open to broad interpretation. However, the quality of the fiduciary agreement can greatly reduce this problem.

Actions You Can Take If You Believe You Have A Claim Against A Fiduciary

First, it is easier to prove a breach because fraud is not an essential element required to support the claim. You only need to show that the fiduciary could have taken advantage of their position for their own personal gain, and that they did so.

Simply stated, a breach of fiduciary duty occurs when the fiduciary acts in their interest rather than your interest. A fiduciary cannot obtain personal benefit by the unauthorized use of your assets. A fiduciary cannot subordinate your interests to their interests.

Our attorneys have the experience and the skill to resolve a breach of fiduciary duty claim. We can negotiate a resolution or we can litigate the matter.

Actions You Can Take To Avoid Breaches of Fiduciary Claims

The first action should be to ensure that the expectations of the fiduciary are clearly set forth and understood. This should occur in a written document that is thoroughly discussed between all parties.

The second step should be incorporating the fiduciary’s duties in the minutes of the Board of Directors which will serve to document the expectations of the fiduciary and the acknowledgement of the fiduciary that they fully understand their duties.

 

Breach Of Construction Contracts

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Parties involved in construction projects rely heavily on construction contracts to establish the terms of the agreement between the construction company and the project owners. Both parties are obligated to perform their commitment as it is set forth in the contract. A breach of contract occurs when either party fails to perform their responsibilities as provided for in the contract.

Often, an attorney with experience in construction contracts can negotiate a resolution of the breach. This process is most effective when the construction contract is written properly, meaning that it includes language that protects both parties and a means for resolving disputes short of litigation.

Hostilities that develop between the parties can often be prevented by the language of the contract that is very specific about the responsibilities of each party. Ambiguous contract language can lead to disputes.

However, regardless of the contract language, there are remedies provided by the law for breaches of the contract. Either party can sue for damages which are usually an amount of money that compensates for the financial loss resulting from the contract breach including delays that are a violation of the contract. A contract is breached when one party causes the other party to fail to achieve the results they were promised in the contract. While oral contracts can be enforced when breached, it is more difficult to do so than it is with written contracts. All construction contracts should be in writing.

Different types of damages may apply when a contract is breached, and the damages are provided by the legal remedies available to the breached party. Our office can advise you about which of the allowed damages will apply to your situation. California law provides for the appropriate compensation in cases of a breach of contract, but litigation filed in pursuit of damages must specify correctly the type of damages sought.

California law remedies do not include compelling the offending party to prevent a breach, but rather the law is aimed at providing relief to the party harmed to redress the breach. Since the law in this area is complex and several remedies can be available, an experienced construction contract law attorney should be involved in any effort to litigate the issues.

A statute of limitations applies to breach of contract lawsuits. This is the deadline for filing a lawsuit. The statute of limitations in California for a written contract is four years from the date the contract can be considered to be broken.

5 Things To Avoid When Going Through A Divorce

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It is normal to feel confused and overwhelmed when going through a divorce. Sometimes people make mistakes that cost time, money and their sanity. The usual stress level rises to an almost intolerable level. However, you can take steps to recognize the 5 things to avoid when going through a divorce. Avoiding these 5 things will help you to move on to the next phase of your life in better shape and not bitter or broken.

1. Avoid Failing To Look At The Big Picture

Apply the life lessons you learned about planning for your future. Don’t allow events to unfold and then react to them. This will make you feel helpless and like your life is spinning out of control. Instead, look at the big picture which is where you want to be six months and a year from now. Plan on taking the steps to get there. Look at some “what if” scenarios. Plan for contingencies and the worse-case scenarios. You will then be prepared for all events and especially the ugly ones.

2. Don’t Let Your Mind Be Ruled By Your Heart Or By Your Anger

Emotions should not be the basis for making decisions; logic should be. Divorce is a business transaction. Assets and debts have to be divided. This is what you have after you strip away the heartache, grief, anxiety and a feeling of being lost. Putting all of these feelings on the shelf is important. You cannot and should not minimize the good things you and your spouse had together, but these memories cannot control your planning.

You are experiencing a broken heart and a lot of anger. These emotions often just prolong the inevitable, and they run the bill up. Many of the emotions are based on an unrealistic belief that you can “win” the divorce. A divorce really doesn’t have a winner. Trying to be one only prolongs your chance to move on to a better life. Costly and bitter disputes yield nothing but lingering grief.

3. Letting Someone Else Decide For You

It can be easy to give up and let someone else make decisions for you. Of course, you need legal counsel, but ultimately it is you, not your friends or your attorney that has to live with the decisions made. Divorce professionals working for you is good, but seeking the wisdom of a group can be bad.

4. Failing To Educate Yourself

If you educate yourself about the divorce process and the personal feelings involved, you will feel much better equipped to deal with all of the issues.

5. Not taking time for yourself

Separation can be a lonely place to be, but so can a quick attachment that fails to meet your needs and probably their needs as well. Take time to find out who you are now, and who you want to be. You need to avoid further disappointment.

What Is Defamation Of Character?

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Defamation is an all-inclusive word for statements that damage a person’s reputation in the community. Defamation that occurs in the written form is called “libel,” and defamation that is spoken is called “slander.” Defamation is not a criminal wrong, but it is a civil wrong known as a “tort” in the language of the law.

California defamation law requires that the victim must prove that the alleged act of defamation meets the following criteria before they can sue for damages:

> The statement must be published meaning that a third party saw or heard the statement. The term published does not mean that the statement was printed in a book. It means that the statement was made public by either the electronic medium or some type of printed medium and it tends to lower the reputation of the victim in their community.

> The statement must be false, and it must be proven to be false. The statement must be made as a fact. An opinion cannot be considered false because opinions cannot be proved to be objectively false.

> The statement must be injurious. Defamation law requires that the victim prove actual harm such as the loss of a job, being treated rudely by neighbors and friends because of the statement, or that they suffered from false press reports that were based on the statement. Proving falsity is a complex matter and the advice of an experienced attorney should be sought.

> There should be no doubt in the mind of the average person that the statements refer to the victim.

Most witnesses are protected from a law suit. Statements made by witnesses who make a false statement in court or during a deposition cannot be sued for defamation. The law protects a witness because fear should not constrain them.

Defamation is an act of libel if the defamer published a defamatory statement about a person in a written or another form, and other people became aware of the statement. The law does not impose any other criteria because it is assumed that when a defamatory statement has been made in a written or other form, it will remain injurious for a long time. Again, this is also a complex matter and the advice of an attorney should be sought.

A private person who is defamed has more protection than public figures have. A private person who is suing for defamation can prevail without having to prove that they were defamed by a person acting with actual malice. This means that the defamer can be sued if they have failed to check the accuracy of their statement and acted in an otherwise negligent manner.

It is essential that proving defamation in California must meet the above elements or criteria by a preponderance of the evidence. This means that the evidence shows that it is more likely than not that each element or criteria is met.

Defamation of character is a complex principle in California law, and it is essential that an attorney reviews each fact that tends to support a claim of defamation.

Are You Being Discriminated Against Due To Your Disability?

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A resident of California who believes that they have been treated differently by an employer because of their disability or a perceived disability can take legal action to protect their rights and to receive monetary compensation for a wrongful act of discrimination. Residents of California have the ability to pursue their claims under California’s anti-discrimination law or the federal Americans With Disabilities Act (ADA). It should be noted that the California law is written and often interpreted more broadly than the federal law.

The state law on disability discrimination differs from the federal ADA in several ways. The state law provides for broader definitions of all types of disabilities and there is no requirement for a substantial personal limitation for a major life activity. The California law definitions include not only physical disabilities but also mental disabilities and a medical condition that limits life activities. The degree of limitation is not important.

Anyone who believes they have experienced disability discrimination should consult an attorney who can assess their claim and determine whether action should be filed under state or federal law. Both laws are complex, and the disability limitations can be difficult to understand and apply to an individual situation.

However, both laws prohibit discrimination against a person in many aspects of employment and the employment process becauseof a mental or physical disability. It is against both disability laws to discriminate in recruitment, hiring, firing, preferential job assignments, training opportunities, pay, promotions, employee benefits, personal or medical leaves or any other activity or action related to employment.

The discrimination laws do not end with employment practices. An employer who fails to maintain a workplace that is free of barriers to the mobility of disabled employees is in violation of the state and federal laws. Harassing an employee with disabilities because of their disabilities is also prohibited under state and federal laws. Disabled employees are to be provided with accommodations that will help them perform the requirements of their job. A person cannot be discriminated against because they are related to or associate with anyone who is disabled.

The term “disability” embraces a broad range of physical and mental conditions, and the laws are specific in the proof required to substantiate a disability. Both laws emphasize that the term disability must be interpreted broadly and specifically in defining the meaning of “substantially limits.”

While the state and federal laws liberally define many matters relating to discriminating against a disabled person, it is essential that an attorney be consulted if you believe you have a claim. It is also important that you act quickly because action is time limited.

Property Damage

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There are various forms in which a person can suffer property damage ranging from natural causes to man-related accidents. Some causes include earthquakes, storms, fires and other disasters. Property can as well get destroyed as a result of the negligence of another party. So, when your property has been destroyed, as a homeowner, you can seek compensation though sometimes it might be an uphill task. At such times, you need an experienced lawyer in property law from Von Esch Law Group. We have the right attorneys who’ll take your case and ensure you get the correct compensation. Our lawyers have great expertise and the experience to win your case.

My property has been damaged, what should I do?
Accidents do occur and when they happen, it’s excellent to respond as fast as you can so as to lower the extent of the property damage. Here at Von Esch Law Group, we always advise our clients to ensure they get in touch with their assets damage litigation lawyers. Ensure you get the right guidance and counselling since legal procedures that relate to property damage are sensitive, and you might end making some grave mistakes.

You will also have to get in touch with the correct authorities dealing with investigations so as to know the source of your property damage that will be used to know whether you will get compensated. As earlier said, do all that you can to reduce the damages like taking some steps that will prevent or stop further damage from happening. Here at Von Esch Law Group, we have our competent attorneys who will help you on these matters as they look at your case in a professional manner.

Is my property covered under my insurance?
Most homeowners always have some protection against property damage from different insurance companies. However, there are different types of protection and as an owner you need to know whether your policy covers the entire property. Ensure you undertake a close evaluation of the particular damage that your policy covers.

You need to understand that, having a cover doesn’t guarantee you that you will get compensated when a disaster strikes and your property has been damaged. Before you have signed and start paying your premium for a cover, ensure you understand the policy well and where you’ve issues, consult an attorney in property damage to help you.

What happens when someone’s negligence causes my property damage?
Not all property damages result from accidents that couldn’t get prevented. Someone might have slept on their job that led to the accident. In such a case, we at Von Esch Law Group will help you have the negligent person held liable and paid for the damages.

Why choose us?
Our attorneys at Von Esch Law Group are well experienced in property law, and we have served different clients who can be individuals or institutions. Come to us today and also get free legal advice on matters relating to property damage. We make you more informed about your rights.

Making Your Case For Spousal Support

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After separating from your spouse, you are likely to experience some financial challenges. Depending on what kind of separation you had, you may be entitled to spousal support that can help your financial situation. When deciding if a spouse is entitled to spousal support benefits, the court will consider various aspects regarding their marriage. The main factor that they will consider is whether or not you have children and if so, who is the primary caretaker for these children. They will also consider your lifestyle before the divorce took place and also your marital standard of living.

When preparing a spousal support case, you will need to include several documents that basically show where and how you spend your money. Some of the documents you will include are:

1. Credit-Card Statements
2. Checking Account Statements
3. Credit Reports
4. Passports
5. Tax Returns
6. Gift Tax Returns

The best thing to do when seeking spousal support is to be prepared. It is important that you protect yourself and your children. Make sure that you have an experienced attorney by your side that is after your best interests.

For more information regarding Von Esch Law Group and their legal services, visit their website and Facebook page!