California builders and contractors win a huge victory in the California Supreme Court’s long awaited McMillin v. Superior Court (Van Tassell) case and builders should be able to force SB800 pre-litigation procedures. In short, the SB800 Right to Repair scheme is the exclusive remedy unless there is some exception, such as a breach of written […]
Congratulations to Paul Acker and Troy Clark who successfully defended AMC Theatres in a jury trial. Plaintiff alleged that there was a failure of the lighting system within an AMC Theater in Las Vegas that cause her to fall six feet and undergo surgery on her right ankle. Both liability and damages were heavily contested. […]
In any business environment, it is critical to have legal documentation in place to establish a system of rules and policies governing the legal enforcement of promises. Whether it be to simply memorialize a common understanding of an organizational relationship or govern future venture needs, the protections afforded by strong contracts are invaluable to operating […]
Bremer Whyte Brown & O’Meara, LLP is currently defending a number of high profile sexual harassment and hostile work environment cases and the climate for sexual harassment and hostile work environment is at an all time high. Employers are more and more concerned about the behavior and actions of its employees. Even the best, hands […]
Home Construction Contract Tips For those individuals who are lucky enough to undertake a new home construction project or remodel a portion of their current home, the process is very exciting. However, it can also be very stressful. If you speak to anyone who has dealt with a construction project, it is likely that you […]
Recovering Attorney’s Fees in California One of the most often-asked questions we get at Bremer Whyte is whether clients can recover attorney’s fees expended in a civil suit. Shifting the risk to the other party for incurred attorney’s fees is a powerful tool in preventing unnecessary and unwarranted litigation; and thus it’s an important consideration […]
S Corporations, C Corporations, and LLC’s: Understanding the Difference You know you need to organize your business, and you’ve heard terms like c-corp, s-corp, and LLC, but you don’t know the difference between them. What do you do? The most important thing to realize is determining which entity is right for you depends greatly on […]
Congratulations to Tyler D. Offenhauser and David J. Byassee who successfully defended an attack against subcontractor American Gardens, its owner Patrick Migliorini, and the work of its sub-subcontractor AMS Paving, Inc., with a result of zero liability. In the largest known trip-and-fall accident verdict in California, a jury verdict of$16,322,950 was awarded to the Plaintiff Steven Picazzo, who was a […]
Importance of Insurance in the Construction Industry As a construction law attorney, I have been representing homeowners, developers, general contractors, and subcontractors for over 18 years in a variety of construction litigation cases. In each occasion, the primary key to resolution, if possible is insurance. And sophisticated owners and contractors will always have an advantage […]
The 5 Stages of Civil Litigation Understanding the different stages of civil lawsuits is critical to successful resolution. Each stage of a lawsuit is an important landmark toward getting favorable results whether the case settles or proceeds to trial. No two cases are the same but recognizing the importance of each phase of a case […]
5 Ways to Avoid Disputes in the Construction Industry Over the last 18 years, I’ve practiced as a construction law attorney and have had the privilege of representing homeowners, developers, general contractors and subcontractors in a very wide variety of disputes that require construction litigation – everything from single-family homeowners to the largest condominium and […]
Most people have heard or experienced the dreaded bully at work. Whether the bully is the boss, your supervisor or a co-worker, nothing creates a toxic work environment, morale killer and high turnover rates faster than a bully causing chaos and fear in the office. Everyone in the workplace and beyond, from the Human Resources […]