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Understanding the Complexities of Construction Disputes and How to Solve Them Through Mediation

Mediation is a process that can benefit individuals that want to resolving disputes in a courtroom setting.

One of the primary issues with today’s construction contracts is that they’re extremely complex and filled with questionable term and conditions. Contractors are now dealing with 600 pages of terms that intend to place the full responsibility on the contractor himself. Although the construction industry has never been a simple business, it should be noted that it’s becoming even more difficult. In order to control risks, contractors and owners are relying on legalistic maneuvers to avoid having to perform damage control.

Construction Mediation and Its Costs

Now, the downside to these contracts is that it comes with an increased opportunity for contractual disputes. Most disputes however, can be resolved without having to enter a courtroom setting. This is done through the process of private mediation. And, it’s becoming more and more popular with the construction industry. Arbitration is a fair method of resolving disputes, but it does have some caveats. For instance, it is not always less costly than litigation and it can be relatively expensive when the entire process adds up. This is where mediation comes in. It’s a simplified method that involves the disputants maintaining control of the entire ordeal, rather than the lawyers, giving both parties more control of negotiations and settlements. Over 80% of disputes are submitted to mediation and resolved in a mutually beneficial manner.

Finding the Right Mediator

Since mediation is just beginning to grasp a firm hold within the construction industry, people tend to have difficulties finding the right mediation firm or mediator to help them through their case. Now, it’s important to remember that there are certain states that have a required certification program for mediators – like Virginia and North Carolina. Follow up on your state’s laws to help become better informed. The rise of mediation is leading to mediators opening up their own businesses as it’s being seen as a solid business endeavor. However, not all mediators offering their services are qualified to handle the complexities of the construction industry. Not only is it important that you choose a seasoned mediator, but select one that has worked within the construction field or one of the many qualified interim short term management services. This way, the terminology and construction jargon will be second nature to him and the process will be handled much smoother as opposed to someone new to the business. Remember, an experienced construction mediator doesn’t need the time to learn all the construction fundamentals and can instead start working on the case at hand.


Lyle Charles is a steel fabrication expert and seasoned mediator that can help you with your construction-related claims with precision and expertise.

The difference between jail and prison

Being incarcerated can be an unpleasant experience. However, the policies, rights, and daily life of an inmate can differ between jail and prison.

The length of stay for inmates – The main difference between jail and prison is the fact that jail involves a short stay; the whole prison involves a long stay. This is because jail will hold inmates awaiting trial or those serving a short sentence. Prisons, on the other hand, hold inmates for longer periods and help to reform inmates with programs that include educational, substance abuse and vocational programs.

The type of crime – Jails will often hold inmates who have convicted for misdemeanors, while prisons will hold inmates that have been convicted of serious crimes. The level of security at prisons will also vary from minimum, medium, maximum-security or solitary confinement.

Living standards – Prisons are designed for living needs and therefore have well-developed facilities that help inmates live a relatively regular life. Jails, on the other hand, offer lower quality food, facilities and due to the constant flow of people can have no regular schedules in place.

Visitation and other rights – Both institutions allow visits from family and friends. Inmates in both institutions have the right;

To be treated humanely.

Not suffer cruel and unusual punishment.

To be free from sexual crimes or harassment.

To access the courts.

To medical care.

To not suffer racial discrimination.

If you or someone you know is facing time in jail or prison, it is best to speak to an attorney to get advice on how to reduce your sentence.

How to get a criminal record expunged

A criminal record however small can make your life difficult, embarrassing and make it hard to get a job and make romantic partners hesitant. Getting your criminal record expunged can sometimes be the only way to move forward.

Expungement is a process of sealing arrest and conviction records. Most states will allow you to expunge your records, however the criteria will differ from state to state. After your records have been expunged, your records will not be disclosed to potential employers or landlords, but will have to be disclosed for purposes of government security clearances. Expungement of criminal records does not mean that your records are destroyed; they are however sealed and can only be reopened with a court order.

Expungement is easier for cases relating to arrests or convictions for juvenile offenses. In some cases, diversion programs will be offered and once the program is completed, the records are expunged. In most cases juveniles will have to stay out of trouble until they reach 18 years of age, to have their records sealed.

However, some states will not allow expungement for felony convictions and may also have a time limit, which prohibits a person who has committed a fairly recent crime from having their records sealed. Expungemnet is also not applicable for people on probation or those that still have to pay fines and costs.

If you or a loved one is considering sealing their criminal records, it is advisable to speak to the lawyer who handled your initial case for guidance.

 

Three Important Roles in any Construction Project

Hiring a construction consultant is one of those necessary components to any successful project. It’s helpful to have someone to review the plans, solve claims or handle interim needs in a timely manner. There are all manner of construction consultants available, some who even fill more than one role. First, identify your immediate needs so you can plan clearly for the future. Here are three roles consultant’s normally fill.

Management Roles

One of the most important, and unexpected, roles that might need filling is management. When we hire a project manager, we don’t anticipate accidents or illness preventing this person from completing their duty. Hiring construction & turnaround services can help fill this important temporary position.

Turnarounds also require someone with expertise handling machinery to be upgraded, so sometimes these roles are necessary even on a routine project like upgrading a refinery.

Advisory Roles

Construction advisory services fill many roles that aren’t limited to just one concept. You may need an advisor to review plans, or have another review scope of work to be sure you’ve allocated proper numbers of personnel to a project.

Advisors are important so you stick to your budget and deliver the project on time. Without advisors, you’re flying solo and hoping for the best possible outcome. It’s a strategy, just not a very sound one.

Claims

Claims can be greatly expedited with the use of an advisor. These people fill the important role of helping to determine whether a claim is worth legal action, and how to proceed. They will help to gather paperwork so your claim goes off without a hitch.


Lyle Charles is an expert construction consultant with more than 30 years of experience in the commercial construction industry.

Can I sue a dentist for medical malpractice?

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

A dentist can be sued for malpractice if he/she has been negligent. However, if you have been caused harm at your dentist’s hands, you will have to prove your dentist’s negligence under 4 areas. They are as follows; duty, breach, causation and damages. These 4 areas have been briefly explained below.

A dentist’s duty – Your dentist should comply with the standards of care when treating a patient. This is the standard level in which an ordinary, prudent dentist of similar educational background and geographic location would administer care, under similar circumstances.

Breach of duty – If your dentist does not provide you with the care in line with your local standard, he can be sued for breach of duty. However, an unfortunate or unsuccessful result does not always fall under the breach of duty. This is mainly because dentistry is not an exact science and outcomes may differ from person to person. But if your dentist extracted the wrong tooth or caused nerve damage due to administering an injection incorrectly, he/she can definitely be sued. You can also include dental product liability claims, which are products that have been left in a patient’s mouth or body due to substandard procedures.

Proving causation – This means that you should be able to prove that your dentist’s actions have directly caused you harm.

Damages – Damages will include physical (nerve damage, broken teeth), financial (costs associated with correcting your dentist’s mistakes) or non-economic (embarrassment because your smile has been ruined).

To find an experienced Los Angeles dental malpractice lawyer, look online and contact an established law firm.

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Anyone who has experience any of the above should consult a dental malpractice attorney.

 

Can the police come and arrest me in my home?

The police can come and arrest you at your home. However, under the 4th amendment, there are rights to protect individuals from searches, seizures, and unlawful arrests.

Firstly, it is important to understand the difference between seizures and unlawful arrests. A seizure happens when government agents create a situation where a reasonable person will not feel free to leave an encounter with an agent.

An arrest happens when a policeman takes a person into custody, against their will. This is done usually for purposes of interrogation or criminal prosecution. All arrests in order to be lawful need to adhere to the probable cause requirement. This means that the arrest should be on grounds that there is sufficient knowledge based on trustworthy facts that suggests that the suspect has committed the crime. Law enforcement officials do not need the warrant to arrest someone. However, they will require a warrant to arrest someone in non-emergency situations.

If an official enters your home, they are required to knock and announce their identity, before forcible entry. If this process is not adhered to and an arrest has been made, it can be later found to be unlawful. However, in the case of suspects dealing with drugs, police do not have to follow this procedure. If there are occupants in the home or premises, these occupants can also be detained.

 

What is identity theft law?

Article written by Articledom, interesting articles from around the dome

Identity theft occurs when a perpetrator gains access to a victim’s personal details and then uses this information to commit a crime. The information may consist of financial records, such as credit card and bank account numbers. Crimes can also occur using the victim’s PIN numbers, Internet passwords, home or email addresses, driver’s license numbers, social security numbers, birth dates and signature samples.

Identity theft crimes are very difficult to prevent and occur quite frequently. Since today’s transactions are mostly conducted online, hackers and tech-savvy criminals have the opportunity to steal information without being discovered.

Even if the crime has been discovered, in most cases locating and apprehending the perpetrator is difficult. This is mainly because the sheer number of theft that occurs yearly in the US and to Americas living overseas.

The best way to reduce identity theft is to schedule credit report reviews by using online passwords that are unique and often changed. It is also a good habit to shred and discard old financial information.

It is important to know when identity theft has occurred by checking your credit card reports on a monthly or weekly basis. If irregular occurrences of credit card activity are noticed, it is best to inform your bank, credit agency or law enforcement officials immediately. If you have been victim of identity theft and have lost a large sum of money, it is advisable to contact an experienced attorney.

Tips to Settle a Child Custody Case

Article written by Environemental issues, latest environmental news, resources & advice

Going through a divorce is painful, particularly if you have children. If you and your soon-to-be-former spouse are separating, being as amicable as possible and settling custody quickly can help minimize the emotional impact on your children. Here are tips to settle a potentially volatile child custody case from divorce lawyers in Long Beach CA.

  1. Keep the best interests of your children in mind. A family law attorney in Long Beach CA can help advocate on your behalf, and fight for your interests, but you should agree to establish a positive parenting relationship during this process.
  2. Understand how decisions are made. Ultimately, only about 1.5 percent of child custody cases go to trial, while the rest are settled by agreement of the parents or with the assistance of a mediator. If you can’t agree and your case goes to a judge, he or she will consider factors such as the child’s preferences, each parent’s current involvement in the child’s life, the location of each parent’s home, the stability of the child’s current life, and the best interests of the child.
  3. Respect your former spouse’s parental rights. Even if your marriage was unhappy, your partner still has a right to be a part of your children’s lives (absent neglect or abuse). In most cases it is in the best interest of a child to have regular contact with both parents. For that reason, develop tolerance of your ex’s parenting style even if it’s different from yours.

In addition to keeping these tips in mind, consult a divorce attorney Long Beach CA.


The Law Offices of Riley Khorram can help you with Long Beach divorce lawyers to settle family law disputes, including custody and divorce cases.

Legal Marketing Tips for Los Angeles Attorneys

Article written by Home Mortgage Loans

Targeting new legal clients in California online can be difficult if you don’t have the right tools in place. Your firm’s website may be very attractive, but its content may lack the right words that search engines find relevant to the search terms used by prospects. If you’re in charge of marketing, but don’t have the skills of an SEO specialist, a California SEO agency offers services that can increase prospect responses.

Types of SEO Services

Your keyword or phrase ideas may be limited, but a SEO professional can create an extensive list of keyword phrases that can increase website traffic and conversions. SEO company services include:

• Backlink building
• Contextual marketing
• SEO copywriting
• Search engine optimization

Reasons to Contact a SEO Firm

A SEO agency’s broad range of services will aid in the expansion of a law firm’s online presence whether it pertains to general Internet searches or engagement with prospects through social media. A California SEO firm can assist any law firm that needs assistance with attracting clients who are seeking personal injury, medical malpractice, bankruptcy, criminal, elder abuse, and other types of legal representation.

The acquisition of SEO services is a great way to outsource marketing work that is time consuming. Attorneys can continue to work on client cases without worrying if new clients will contact the firm. SEO agency California services can be one of the primary sources that can support your firm with little effort. Marketing packages can be customized to fit any budget and services can be retained on a continuous basis or until the marketing goal has been met.
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Sticky Web Media is an SEO agency in California that specializes in Web marketing for small and mid-sized businesses.

A guide to Contracts Law

Article written by HPB Lega, legal news & articles

legal gavel and a business contract
legal gavel and a business contract

A contract is an agreement between two or more people who have a lawful objective to do something or purchase a product in exchange for a corresponding exchange of value.

For a contract to be legal they will have to fulfil the following elements:

Offer and acceptance – A contract will become legal when an offer by one party is accepted by another party.

Intention to create legal relations – Both parties must decide to enter a legally binding agreement

Consideration – There should be value for the promise of the other party. In this case the price should be something of value, but it doesn’t have to be monetary.

Legal capacity – Not all people are free to enter a contract for it to be valid. For example, minors, people who are mentally impaired, will involve problematic consent.

Consent – Each party must enter into the contract at their own free will and with proper understanding.

Illegal and void contracts – Certain types of contracts are illegal according to common law and therefore will not be binding. For example, contracts that involve committing a crime or fraud etc.

There are two main forms of recovery (compensation) when a contract is breached. Firstly, The party can receive damages or money to the value the party would have received if the contract had not been breached. Secondly, the party can request specific performance or that the other party must carry out their obligations under the agreement that was made.