The post Epic Construction Defects first appeared on Mazzarella Law APC.
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]]>Eve Mazzarella shares how construction often involves disputes between property owners, builders, contractors, and insurance companies. These cases typically revolve around problems with the design, workmanship, or materials used in construction projects. Here are some extreme examples of construction defects.
The Millennium Tower in San Francisco is a luxury high-rise residential building that gained notoriety due to construction defects. After its completion in 2008, the building started sinking and leaning to the tune of several feet. After notification of the residents in 2016, a number of suits were filed directing blame towards not only the developer and contractor, but the transit authority and others. In recent years, there were reports of panes of glass falling to the ground and damaging adjacent building. The “fix” to this disaster ultimately involved driving 18 piles 275 feet below the street cost $100 million. This case highlights the importance of proper foundation engineering and coordination between adjacent projects having the ability to impact one another.
In the early 2000s, a case involving the Mirant Power Plant in California made headlines. Neighboring homeowners filed a lawsuit claiming that emissions from the power plant had caused health problems and property damage. The case raised questions about environmental regulations and the responsibility of industrial facilities to mitigate the impact on nearby residents.
Public buildings, such as schools, are not immune to construction defects. In a case in Nevada, a school district filed a lawsuit against contractors and architects, alleging that several newly constructed schools had design and construction flaws. This case highlighted the potential safety risks for students and the financial burden on the school district to rectify the defects.
In Berkeley, California, a tragic accident occurred when a fifth-floor balcony of a condominium collapsed during a party, resulting in fatalities and injuries. An investigation revealed that the balcony had significant dry rot and was poorly constructed. The case resulted in lawsuits against the builder and property management company, raising questions about building inspections and maintenance.
In the mid-2000s, there was a widespread issue with imported Chinese drywall in the United States. Homeowners in multiple states filed lawsuits after discovering that the drywall emitted toxic fumes, corroded wiring, and caused health problems. The case raised concerns about product liability and the quality of materials used in construction.
The collapse of the I-35W Mississippi River bridge in Minneapolis in 2007 was a devastating incident attributed to construction defects and a design flaw. Thirteen people were killed, and many others were injured. The case led to lawsuits against the state, the engineering firm, and construction companies, highlighting the dire consequences of construction defects in critical infrastructure.
These examples illustrate the diverse range of construction defect cases, from residential and commercial properties to critical infrastructure. Construction defects can have significant legal, financial, and safety implications, underscoring the importance of proper design, construction, and quality control in the construction industry.
Mazzarella Law has represented owners, developers and contractors in construction defect disputes involving residential remodels, luxury home builds, and commercial properties recovering over $20 million for our clients in the last two years alone.
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]]>The post The Art of Mediation: What Makes a Good Mediator in Contract Disputes first appeared on Mazzarella Law APC.
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]]>Eve Mazzarella shares the art of mediation and what makes a good mediator in contract disputes. Contract disputes can be complex, emotionally charged, and extremely costly. Inevitably, opposing parties feel they have been wronged either through the conduct of the other party or by unjust allegations of wrongdoing on their part. Mix money and emotion and representatives of an inherently combative profession (i.e. lawyers), and it’s no surprise that resolution is challenging. In such cases, mediation is often a more efficient and cost-effective alternative to litigation. A skilled mediator plays a pivotal role in helping parties reach a mutually acceptable agreement. In this blog, I’ll share my observations of what qualities and skills make a good mediator in a business contract dispute. I regularly participate in mediation in my professional role. Over the last year, these efforts have resulted in settlements of over $20 million.
Neutrality and Impartiality
A good mediator doesn’t take sides. A fundamental principle of mediation is the mediator’s neutrality and impartiality. A good mediator remains unbiased and doesn’t show favoritism toward any party involved in the dispute. This neutrality helps build trust and confidence among the parties. Often, clients have the misconception that mediation entails getting the mediator to agree with their view of the case. It’s important from the outset that the mediator communicates to the parties that there is no “winner” and “loser” at the end of the day. Rather, the purpose of mediation is for the parties to explore ways in which it may be possible to reach a resolution that they can live with.
Knowledge of the Law, Contracts, and Subject Matter
Mediators shouldn’t give legal advice, but a strong understanding of contract law, the legal implications of the dispute, and ideally the subject matter at issue is invaluable. A mediator who spent their career practicing the area of law applicable to the dispute is often very helpful, for example real estate law or employment litigation. A mediator who is well-versed in the relevant legal framework can help parties navigate the complexities of their contract, artfully and tactfully point out blind spots, and ask pointed questioned that can help the parties see the case from different perspectives. Some of the most effective mediations I’ve been a part of have included questions to counsel by the mediator that forced counsel to address issues they hadn’t focused on previously.
Exceptional Communication Skills
Effective communication is critical. A good mediator is an active listener who can not only hear what the parties are saying but also understand the underlying emotions and concerns. The best mediators are skilled in asking open-ended questions to facilitate meaningful discussions and guide the conversation toward resolution. For a mediator to be effective, they need to understand the motivations of the parties and pick up on subtle queues that hint at what it will take to resolve the dispute. They are empathic listeners who can connect with the parties. Great mediators also have a way of asking tough questions and communicating honestly about uncomfortable topics without coming across as aggressive, offensive, or judgmental.
Problem-Solving Expertise
Because most mediators are retired judges or experienced trial lawyers, they have spent a career addressing problems and disputes. Mediation is all about problem-solving, and skilled mediators possess strong analytical and critical thinking skills. They must be able to identify the root causes of the dispute, suggest creative solutions, and help the parties explore various options to find common ground.
Patience and Perseverance
A good mediator possesses patience and the perseverance to stay committed to the process until a resolution is reached. Mediation sessions generally last a good part of the day and I’ve seen them go well into the night. Mediators should always remain calm and composed even in the face of difficult situations. There are times when the parties just aren’t ready to settle and at the end of a long day of mediation they are still too far apart. In some cases, frustration or fatigue sets in and a party walks out. A good mediator follows up in the days or weeks post-mediation, sometimes offering a mediator’s proposal or presenting alternative forms of settlement. In the famous words of Churchill, they “never, never, never give up.”
Maintaining Confidentiality
Confidentiality is a fundamental principle of mediation. A good mediator respects the privacy of the parties involved and ensures that information disclosed during the mediation process remains confidential. This commitment to confidentiality helps create a safe space for open and honest dialogue.
Focus on Win-Win Solutions
Mediation is about making a deal. No party is likely to get exactly what they want, but if all parties are focused on finding a solution they can accept, there is often middle ground. A skilled mediator is dedicated to finding win-win solutions that benefit all parties involved. They help each side shift their mindset from adversarial to collaborative, encouraging them to consider the long-term benefits of a mutually agreeable resolution.
Conclusion
In the realm of business contract disputes, a good mediator serves as a neutral facilitator who guides parties toward a resolution that avoids costly and time-consuming litigation. Neutrality, legal knowledge, exceptional communication skills, empathy, problem-solving expertise, patience, confidentiality, and a focus on win-win solutions are the key qualities that make a mediator effective in achieving a successful outcome. By choosing the right mediator and understanding the process, individuals and businesses can navigate contract disputes with greater efficiency and increase the likelihood of successful dispute resolution.
Written by Eve Mazzarella
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]]>The post Navigating the EU Investment Landscape: The Benefits of Dual Citizenship for American Investors first appeared on Mazzarella Law APC.
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]]>Eve Mazzarella a Paralegal discusses how the European Union (EU) is one of the world’s most formidable economic blocs. It comprises 27 nations with a single market that allows for the free movement of goods, services, and people. As an American investor, you might wonder what benefits you could reap from obtaining EU dual citizenship. From market access and tax benefits to diversified portfolios and ease of business operations, the possibilities are considerable. In this blog post we will delve deeper into why EU dual citizenship can offer significant benefits to American investors.
Seamless Business Operations
First and foremost, EU dual citizenship makes conducting business within the European Union remarkably smoother. With dual citizenship, you have the freedom to travel, reside, and work in any EU country without requiring a visa.
For our clients who are fortunate enough to have EU dual citizenship, they are able to operate across borders without bureaucratic hurdles. Imagine the convenience of jetting off to Paris for a business meeting at a moment’s notice or deciding to set up a new office in Berlin without having to navigate complicated immigration processes. Becoming EU dual citizen can significantly enhance your agility as an investor and entrepreneur.
Expansive Market Access
The EU is a single market where goods, services, money, and people can move freely. This structure gives rise to a wealth of opportunities for investors. As a dual citizen, you have unhindered access to this massive market, which is the second-largest economy in the world after the United States. This market access can provide significant investment and business expansion opportunities. Countries within the EU have varying requirements in order to obtain citizenship. Typically, citizenship is gained through either decent, marriage, naturalization, or investment (i.e. Golden Visa, residence by investment)
Potential Tax Benefits
The tax implications of dual citizenship can be complex and vary among countries. However, there may be potential tax benefits for some American investors. Several EU countries have tax treaties with the United States that aim to prevent double taxation. For instance, you could benefit from certain deductions, credits, and exemptions based on your specific circumstances. However, it is essential to seek professional tax advice to fully understand these potential benefits.
Unrestricted Property Ownership
Some EU countries have restrictions on property ownership by non-citizens or non-residents. With dual citizenship, you can bypass these limitations, making it easier to buy and sell property for personal use or investment purposes. This flexibility can be particularly valuable for interested in the real estate market. We often work with clients with EU dual citizenship who have real estate investments that also serve to support business operations. For example, hotel and hospitality properties (including short term rentals like Airbnb where still allowed), manufacturing businesses where a plant or warehouse is owned by a dual American/EU citizen (often supporting business operations in both countries), and developers whose business it is to entitle and build residential developments, resort properties, medical facilities or any number of other possibilities. We also see clients obtaining their dual citizenship to buy properties as they either ease into retirement by spending a portion of their time in the EU, and others who jump right in and purchase a villa in Tuscany, an apartment in Barcelona, or a still-affordable ocean view home in Portugal.
Portfolio Diversification
Dual citizenship can offer an investor greater geographical and political diversification. The EU and the US, while both developed economies, can experience different economic cycles, meaning investments in both regions can offer a hedge against localized economic downturns. Spreading investments across different economies and jurisdictions can significantly reduce risk and lead to a more balanced, resilient investment portfolio. With uncertain economic and political climates, some American Investors see obtaining dual citizenship as providing additional security.
Access to Education and Health Services
As an EU citizen, you will have access to subsidized or free education and healthcare services in many EU countries. While these might not be direct investment benefits, they are critical considerations for investors who might want to relocate or have families to consider. They also contribute to the overall quality of life and can factor into personal investment decisions.
Retirement Options
EU dual citizenship opens up a host of new options for retirement. Many EU countries offer high standards of living and a broad range of lifestyle choices, making them attractive retirement destinations. Whether you fancy a quiet retirement in the Spanish countryside or wish to enjoy the cultural richness of cities like Rome or Paris, EU citizenship gives you the freedom to choose.
Unhindered Residency and Travel
Finally, one of the most appealing aspects of EU citizenship is the right to live, work, and study in any of the 27 EU countries. For those wishing to relocate for business or lifestyle reasons, this freedom is invaluable. Additionally, travel within the Schengen Area is often hassle-free with an EU passport, making it easier to explore the cultural diversity and richness of Europe.
While the benefits are numerous, obtaining EU dual citizenship is a decision that should not be taken lightly. There can be potential drawbacks or complications, including possible tax liabilities and legal obligations. Therefore, it’s crucial to consult with a knowledgeable attorney or advisor before taking this step. With the right guidance, however, the benefits of dual citizenship for American investors can be substantial, offering a world of opportunities in the thriving EU economic landscape.
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]]>The post Zoning Regulations and Regulatory Takings: Understanding the Intersection first appeared on Mazzarella Law APC.
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]]>But while zoning plays a crucial role in preserving public health, safety, and welfare, there are instances when it collides with private property rights. Enter the concept of “regulatory taking,” an area of property law that can be as murky as it is consequential.
What is Regulatory Taking?
In the simplest terms, a regulatory taking occurs when a government regulation of private property is so restrictive that it essentially amounts to a seizure of that property without just compensation. This scenario could potentially infringe on the Fifth Amendment of the U.S. Constitution, which prohibits the taking of private property for public use without just compensation.
So, when do zoning regulations amount to a regulatory taking? While there is no definitive answer – the courts evaluate these cases based on their individual merits – two landmark Supreme Court decisions have provided significant guidance.
Lucas v. South Carolina Coastal Council: The Denial of All Economically Beneficial Use
In 1992, the Supreme Court handed down a decision in the case of Lucas v. South Carolina Coastal Council that helped clarify the boundaries of regulatory taking. The Court held that when a regulation denies all economically viable use of the property, it could be deemed a taking for which compensation is owed. This means if a property owner is left with no reasonable or viable use of his property because of zoning regulations, it could amount to a regulatory taking.
Imagine owning a piece of land you plan to develop into a bustling commercial center. If a new zoning regulation prohibits any commercial development, leaving you with a property that can’t be used for its intended purpose, you might be facing a scenario akin to what Lucas experienced.
Penn Central Transportation Co. v. New York City: Balancing Economic Impact and Investment Expectations
An earlier Supreme Court decision, Penn Central Transportation Co. v. New York City (1978), provides another touchstone for understanding when zoning regulations might cross into regulatory taking territory.
The Court identified several factors to consider, including the economic impact of the regulation on the property owner, the extent to which the regulation interferes with reasonable investment-backed expectations, and the character of the government action.
Consider a situation where you’ve bought property to build high-rise apartments. If a subsequent zoning regulation limits building height and severely diminishes the property’s value, it might be seen as a regulatory taking. Although the regulation doesn’t deny all economically viable use, it does interfere significantly with your investment expectations.
Similarly, our office has handled matters where restrictions have been placed related to historic designation. In some instances, where these designations result in restrictions which deprive the owner of financially feasible use or development of their property an argument can be made for regulatory taking. In these cases, a financial feasibility study may be required to demonstrate the extent of the restriction on private property rights.
Navigating the Complexities of Regulatory Taking
Although these guidelines exist, remember that not all regulations limiting the use of private property or decreasing its value amount to a taking. The law generally allows for zoning regulations designed to promote the public good. Determining whether a regulatory taking has occurred is a complex task, dependent on the specifics of each case.
Property owners who feel their property has been devalued by zoning regulations should first try to understand their legal rights and possible remedies. A local zoning board or planning commission can provide useful information. If it appears that a regulatory taking might have occurred, seeking advice from a legal professional specializing in property law is a wise step. Our firm primarily represents private property owners, but has also served as outside counsel for government entities. As such, we have a good understanding of the benefits and burdens of zoning regulations and how to approach the complex tax of determining whether a taking has occurred, and what just compensation a property owner may be entitled to.
Navigating the terrain of zoning regulations and regulatory takings can be challenging. But understanding these concepts, and how they intersect, is crucial for any property owner. As the urban landscape continues to evolve, so too will the laws that shape it. Staying informed about developments in this area is essential for protecting and maximizing the value of your real estate investments.
In conclusion, while zoning regulations play a pivotal role in community planning, they sometimes tread into the territory of private property rights. When this occurs, the concept of regulatory taking comes into play. Understanding the nuances of this doctrine and how it interacts with zoning regulations is an integral part of safeguarding property interests.
Mazzarella Law APC is here to help! Please feel free to reach out to our office for assistance on zoning and property use and development related matters.
Written by Eve Mazzarella – Paralegal
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]]>The post Why AI and ChatGPT Will Not Replace Attorneys first appeared on Mazzarella Law APC.
The post Why AI and ChatGPT Will Not Replace Attorneys appeared first on Mazzarella Law APC.
]]>In the interest of full disclosure and context, I’m part of Gen X. I had pager, remember Nintendo’s launch of the Gameboy, and our first home computer was primarily used for word processing and Pong. In fact, the first time I accessed the internet was in college. While embracing all the ways technology has made life easier, I, like many others, are acutely aware of the limitations of the digital world.
Navigating Legal Labyrinths: Legal work requires a nuanced understanding of laws, regulations, and precedents, and the capability to interpret them for specific cases. For instance, consider a patent infringement case. An attorney doesn’t just need to understand the law, they must consider the history of similar cases, the specific nuances of the patent in question, and the broader context of the industry. While AI can aid in research and discovery, it doesn’t yet fully grasp or interpret these nuances as effectively as a human lawyer.
The Crucial Role of Ethics and Judgment: The legal practice extends beyond understanding and applying laws. It also hinges on a strong ethical component and the ability to exercise judgment in ambiguous situations. For example, in a case involving an autonomous vehicle accident, a human attorney must weigh the responsibility of the software developer, the vehicle owner, and potentially the passenger. This ethical judgment, critical in complex litigation, is an area where AI still shows limitations.
Cultivating Relationships and Trust: An attorney’s role extends to building relationships with clients, understanding their unique needs, and gaining their trust. The attorney-client privilege and the duty of confidentiality help build this trust. Clients can openly share their concerns with their attorney, knowing that their secrets are safe. This level of empathy and understanding is an aspect that AI currently cannot replicate.
Creative Problem Solving and Negotiation: Legal work often requires creative problem-solving and effective negotiation. These skills often rely on understanding human emotion and social norms. Let’s consider a high-stakes business merger where negotiations are not just about the numbers but also about understanding the motivations and fears of the other party. An attorney can pick up on subtle cues, like body language or tone of voice, to steer the negotiation favorably – an area where AI falls short.
Adapting to Changing Laws and Regulations: Laws and regulations are ever-evolving, influenced by societal, political, and cultural changes. Take privacy laws in the digital age as an example. These have been quickly changing in response to new technology developments, and a human attorney can navigate these changes more effectively than an AI system programmed to adapt to new information.
AI’s Impact on Legal Work: While AI is unlikely to replace attorneys, it has started to revolutionize the way they work. AI can take over routine tasks, such as legal research and document review. For instance, AI can sift through thousands of documents in a fraction of the time it would take a human, making legal processes more efficient and allowing attorneys to focus on more complex and meaningful work.
The Legal Quandaries of AI: Interestingly, the development and use of AI in the legal field also raises its own legal and ethical questions. If an AI tool makes an error that leads to adverse legal consequences, who should be held responsible? Recently there has been some highly publicized criticism of the use of AI and, in some cases, restrictions and disclaimers have begun to be required by the courts. These complexities emphasize the continuing need for human legal expertise.
In conclusion, while AI is a powerful tool that can complement legal work, it is far from replacing the human attorneys who navigate the intricate, emotional, and ever-changing landscape of the law. The key for legal professionals is to stay adaptable and embrace these technological advancements, integrating them into their practice to provide the best service to their clients. Particularly in the world of litigation as opposed to transactional or other areas of law, AI provides the opportunity to streamline certain necessities of practice but is unlikely to replace human understanding in negotiating settlements, effective mediation, jury selection, or a number of other aspects of the profession. Simply put, emotional intelligence and professional judgment still have a critical role to play that AI cannot yet fill.
At Mazzarella Law APC we deal with complex business disputes, real estate litigation, diverse real property issues, and probate litigation – each of which requires an irreplaceable element of human understanding, empathy, and strategy. Not to mention, we love our clients and value the trust they place in us and the relationships formed through our work!
Written by Eve Mazzarella – Paralegal
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]]>The post How Personal Representative Duties May Breach Their Duty in an Estate first appeared on Mazzarella Law APC.
The post How Personal Representative Duties May Breach Their Duty in an Estate appeared first on Mazzarella Law APC.
]]>It is important for people in San Diego to execute wills. Wills allow people to direct who will receive their property after they pass away. This is not something people like to think about, but death is inevitable and people cannot bring their possessions with them. The portions of the will stating who will receive the property may be the most important parts of wills, but simply stating one’s wishes in a will does not get the property into the possession of the beneficiaries. Learn more from Eve Mazzarella about personal representative duties.
The person who has the responsibility of actually distributing the property to the named beneficiaries in the will is known as the personal representative. Personal representatives have a very important job. They have a duty to the estate to ensure that it is administrated properly and in the best interests of the estate. There are a number of ways that personal representatives can breach this duty to the estate though and the beneficiaries of the will may be able to hold them accountable though probate litigation.
Some of the ways that personal representatives breach their duty to the estate are:
When personal representatives in California make the mistakes stated above, it can be costly for the estate. These costs eventually are passed on to the beneficiaries who will ultimately receive less than they should receive. The beneficiaries can hold the personal representative for these damages and be compensated for their losses. Proving the personal representative breached their duty to the estate can be complicated though. Experienced attorneys understand these complicated matters and may be able to guide people through the probate process.
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]]>The post Judge Halts Construction of Del Mar Heights High School for Second Time first appeared on Mazzarella Law APC.
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]]>Over the last three decades, the California legislature has passed several important laws intended to protect the environment from unwarranted and ill-considered construction projects. A group of San Diego residents is now relying on the California Environment Quality Act (CEQA) to halt the re-construction of Del Mar Heights High School, and thus far, the residents have been successful.
The City of San Diego granted a coastal development permit for the reconstruction of Del Mar Heights High School, and for the second time, a superior court judge granted an injunction blocking further construction activity. The lawsuit is predicated on those provisions of the CEQA that require an extensive scientific review of the project and its impact on the nearby environment.
A nonprofit citizens’ group called Save the Field commenced a lawsuit under the CEQA, alleging that the School District failed to perform an adequate review of the school construction project before granting the coastal development permit. The Save the Field group then moved the court for a preliminary injunction claiming that further construction activity threatened the environment with destruction and pollution.
The group claims that the School Board relied on an outdated negative declaration that it had previously published and on a focused environmental impact statement that failed to discuss the entire range of effects that the project caused. The citizen’s group was required to post a bond of $60,000 to indemnify the school district for costs that the delay caused.
As happens with many citizen challenges to a proposed development, a spokesperson for the school board accused the citizens’ group of using the environmental laws for selfish purposes and not in the public interest.
In obtaining these temporary injunctions, the Save the Field group has achieved significant if temporary victories. The citizens’ group may decide to press for a trial on the merits of their environmental allegations, or they may attempt to negotiate a settlement with the school district that will mitigate the claimed environmental damage while permitting construction to proceed.
Anyone who finds themselves embroiled in a similar dispute may wish to consult experienced trial attorneys to commence an appropriate lawsuit and, if necessary, to take the matter to trial.
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]]>The post Do You Know How To Deal With Your Construction Defect? first appeared on Mazzarella Law APC.
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]]>Dealing with a construction defect can be frustrating. A commercial construction project can take years to plan and set in motion. Yet, despite all the work that you put into your project trying to anticipate everything that can go wrong, there’s always the possibility that something unexpected will come up. In these instances, your timeline can be thrown out the window and your budget can explode, threatening the project in its entirety. After completion, you may find that your structure is no longer viable for its intended use. Eve Mazzarella explains more.
If you’re in this situation now, then you need to know how to move forward while protecting your interests.
As a developer, your first step in these cases is to determine if a construct defect exists. There are several ways to assess this, but if you have water leaks or water intrusion, then there’s a good chance that your project has been improperly built and fixing the issue could be extremely expensive.
Of course, construction defects can involve the materials used to build the structure, the design of the structure, the construction itself, or in the maintenance of the structure. So, as you’re analyzing what’s wrong with your project, make sure that you’re taking the time and putting in the effort necessary to gain a clear sense of what went wrong and where in your project’s timeline the problem occurred.
If you want to protect your investment, then you need to take swift legal action. What does that look like? It depends on which legal basis you’re bringing your claim. Here are some of your options:
If you’re going to pursue a construction defect claim, and we encourage you to do so if you think that your project has been impacted in some fashion by one, then you need to be aware of the statutory timeframes during which you must file your claim. Your attorney can help you navigate the statute of limitations that apply to your case so that you’re timely in seeking the compensation that you’re owed.
There’s no doubt that there’s a lot at stake in your case. You may be facing increased expenses, financial losses, and even other litigation if you don’t act.
The process can be quite involved, though, which is why we encourage you to work closely with an attorney who is well-versed in this area of the law. Hopefully by doing so you’ll be able to protect your interests and ensure that your project is brought to fruition as you envisioned it.
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]]>The post How Can I Avoid Intellectual Property Litigation? first appeared on Mazzarella Law APC.
The post How Can I Avoid Intellectual Property Litigation? appeared first on Mazzarella Law APC.
]]>Litigation, regardless of the reason behind it, is always expensive. This is why most businesses seek to avoid it through prudent business planning, contractual negotiations with litigation avoidance in mind, dispute resolution provisions in their contracts, etc. Intellectual property licensing is no different, and with proper planning, intellectual property licensing litigation can be mitigated, if not avoided altogether. Learn more about intellectual property litigation from Eve Mazzarella.
Before entering into any intellectual property licensing, you need to understand your business goals and objectives as it relates to that licensing. What are you trying to achieve? Are you just looking for passive income, brand expansion, technology proliferation or something else? Know why you are doing this before you begin doing it. Otherwise, you may find that intellectual property licensing is not right for you when your business has already signed the San Diego, California, contract.
Intellectual property licensing can be minimized or maximized as your business needs dictate. However, this information must be in the intellectual property licensing agreement between you and the licensee that can include your businesses’ patents, trademarks and copyrights. There are six broad contractual considerations. The first is price. How much do you want to be paid, and how do you want to be paid? Intellectual property licensing costs can be structured however you want, including lump-sum payments, a recurring fee, royalty, etc.
The second item is time. How long do you want your license to last? Rarely should an intellectual property license be indefinite, but it could be annually, bi-annually or however long makes business sense.
Third, think about territory. To avoid competition, many licensors restrict licensees to territories, like regional, national or international. And, this means consideration must be given to which rights can be sold or assigned by the licensee as well. Do you want licensees to have the ability to sell or assign their rights to unknown parties or even allow licensees to consolidate operations with other licensees? Think about the power a combined business could exert on your business, or the ability of unknown parties to hurt your brand. This also brings up the issue of exclusivity and rights, like the right to make adaptions or modifications, reproduction, distribution, etc.
All intellectual property licenses should include provisions that relate to infringement, indemnification from third-party claims, which laws will apply to disputes and a formalized dispute resolution process. As the San Diego, California, licensor and intellectual property licensing agreement drafter, you can plan out the most advantageous dispute resolution process. Use that power now before there is an issue.
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]]>The post What to do about Disputes with Lenders that Hold Up Construction Project Funding first appeared on Mazzarella Law APC.
The post What to do about Disputes with Lenders that Hold Up Construction Project Funding appeared first on Mazzarella Law APC.
]]>When a developer has a dispute with the lender, it can be crippling for the project under development. If you are a developer in the middle of a dispute with a lender, it is helpful to know how the lender process and lender draws work so that you get the process back on track to fund the project and bring it to fruition. Learn more from Eve Mazzarella about what you can do when lenders hold up construction project funding.
At the beginning of a project, a detailed draw schedule with the lender will be established that will outline a detailed payment plan for the construction project. It will be based on various phases and milestones for the project.
After the draw schedule is in place, the owner or project manager will submit a detailed report of the work completed at certain project milestones. The process begins when the payment is submitted. After the owner or the project manager reviews the pay application, it will be submitted as a draw request to the lender.
Accompanying the draw request are several different documents that will substantiate the work that has been performed. These documents essentially provide proof that the work has been completed and payment is due.
Although common, this process can be complicated by change orders. Invoices and receipts, an updated schedule of values, an overview of the progress made on the project and lien waivers should also be submitted.
When a lender is holding up the project, it may be for a variety of reasons including if they are complaining, incomplete or missing paperwork. It may also be a situation that results in a contract dispute.
For that reason, it is important for developers to understand how real estate law legal resources can help and how trained guidance may be able to get the funding flowing once again.
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