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Can you prevent construction defects?

If you hire a building contractor to build a structure for you, you want the final project to be of high quality. It is a huge investment to build something. It also takes a lot of time to do it. Even if you are not hands-on during the process, the planning alone will take a lot of your time and energy. You also want to be a part of making decisions along the way as the building progresses. One thing that can derail the whole project is a construction defect. According to Modern Construction Solutions, you and the builder have a hand in preventing many defect issues.

It all begins with careful planning. Any errors during the planning phase snowball as building begins. You need to ensure your plans will work. You have to work with professionals who know what they are doing. You need to check and recheck plans for any possible issues.

Using experts for claims of differing site conditions

Contractors and project owners in North Carolina, know that large undertakings have many moving parts. Contract provisions often identify typical issues, and the methods for handling them. This is especially true when discussing site conditions. The contract should also address procedures for communicating and documenting unforeseen circumstances. When issues occur outside the contract parameters, there are several alternatives, innovative solutions and cost-effective methods to a court trial.

According to Spire Consulting Group, differing site conditions can cause unexpected delays, affecting project timelines and overall cost. In locations where the underground conditions are questionable, experts with the knowledge and experience quantifying the impact of the circumstances investigate the situation thoroughly. They may also determine the appropriate value of the damages raising a wide range of questions:

  • What were the conditions prior to the start of the project?
  • Were there stipulations within the contract regarding the conditions?
  • Did the site differ from the contract description?
  • Was the situation reasonably unforeseeable?
  • Were there actual damages that resulted from the unanticipated conditions?

Five bankruptcy myths

Struggling with debt is extremely stressful. Most people also feel a sense of shame surrounding their debt. And yet, many Americans fight to pay their bills. In 2016, 794,960 people filed for bankruptcy in the U.S.

Perhaps you have medical bills, unexpected home repairs or you lost your job. A variety of situations can cause debt to mount, and when it does, it can spiral quickly. Filing for bankruptcy may seem like a last resort, but before you rule it out, here are some common myths about bankruptcy.

Resolve contract disputes without going to court

Construction disputes in California typically occur when one or more parties believe there has been a breach of contract. A claim can be costly for your business and damages your reputation. At Tsao-Wu & Yee LLP, we work with clients to resolve issues in the most effective way possible. If you are a contractor on the brink of legal action, there are options available that may allow for dispute resolution without the time and expense of going to court.

According to Construction Executive, contracts that address each facet of the construction process can reduce the opportunity for disputes to arise. Identifying potential risks in advance, documenting challenges and communicating throughout the process can help resolve issues before they become problems. Use the dispute resolution clause in the contract to designate the methods utilized in the event a conflict arises. Conventional ways that allow for resolution outside of the courtroom include the following:

  • Negotiation occurs between you and the project owner to resolve the issue yourselves.
  • Mediation uses a neutral third party for a mutually satisfactory resolution. While not a legally binding process, it may provide a way to conclude the project without costly claims.
  • Adjudication also uses a neutral third party. However, whereas a mediator assists in resolving the issues, the adjudicator renders a decision. If needed, the court can enforce the judgment. This method allows your operations to continue while resolving the dispute.
  • Arbitration includes a neutral third party with experience relevant to the matter at hand. In circumstances lacking consensus, the arbitrator can render a binding decision. Although this method can be faster than court proceedings, it can cost nearly as much.

What exemptions can I take?

When you file for bankruptcy in California, you may expect that the court will seize your assets. While this is true, there are exemptions you can take to save some of your assets. The idea behind exemptions is to allow you to retain some property to rebuild with after the bankruptcy process is complete. There is a range of exemptions for various types of property. However, the ones people are often most concerned with are those assets that they use daily, such as their home, vehicle and professional tools.

According to The Judicial Branch of California, each exemption is given as a dollar amount. This means you may exempt property that is worth no more than the amount given. For example, you may keep one piece of real property, such as your home, that is valued at no more than $26,800. You may also retain a motor vehicle worth up to $5,350.

How can I avoid overspending during the holidays?

If you’re having money trouble, the holidays can be a very scary time. It’s easy to spend exorbitant amounts of money during this season, whether on gifts for your loved ones or buying food in preparation of a holiday meal. In order to keep your finances on track, Forbes offers the following advice.

Set a budget and stick to it

Can a home warranty protect you?

When you build a new home in California, you put a lot of trust in your builder. Generally, to help ensure that you are satisfied with the final product, your builder will offer a warranty. However, the FTC warns not all warranties are equal. You may even have the option of buying additional warranties from third-party providers. Some of the components of your home, such as the heating system or the appliances may also come with manufacturer warranties. It is important to understand how each of the warranties protects you.

Generally, each warranty you receive is limited. For example, the builder's warranty probably only covers issues related to the building. It will not cover the appliances, for example, It may only be limited to one year and the coverage for damage or issues may not cover everything. For example, a small crack in a floor tile may not be covered and repaired under the warranty. The warranties you get from other sources will also have similar limitations.

Your recovery from bankruptcy requires time and patience

Financial problems can be some of the most daunting issues you may encounter in your life. These types of concerns become even more stressful when you have a family to care for and financial obligations to address. At Tsao-Wu & Yee, LLP, we have helped many people in California to explore their options if they have chosen to file for bankruptcy. 

Your interest in filing for bankruptcy is probably not a decision you have taken lightly. Most likely, you have exhausted your other options and are now facing an uncertain and concerning future unless you make some drastic and immediate changes. Fortunately, filing for bankruptcy can provide some temporary relief and assistance as you get back on your feet. However, there are undoubtedly long-term consequences that will take time and patience to amend. 

Disclosure failure has woman facing bankruptcy fraud charges

For those in the San Francisco Bay area that are struggling with debt, bankruptcy protection can be an enormous benefit. It offers the chance for one to plot a course back to establishing themselves on firm financial ground by halting the collection activities that may be keeping them from doing so. In the case of a Chapter 13 bankruptcy, one is even provided with the opportunity to repay creditors over time, thus fulfilling their financial obligations. Yet the advantages offered by a personal bankruptcy must be earned to careful adherence to federal regulations. A violation of said regulations can often bring with it serious penalties. 

An Illinois woman is currently being forced to learn this lesson the hard way. She recently pled guilty to multiple counts of bankruptcy fraud stemming from a 2014 Chapter 13 filing. She reportedly received a workers' compensation settlement in excess of $12,000 shortly before filing for bankruptcy, yet then concealed those funds when disclosing her assets as part of her case. She further compounded her troubles by providing false testimony to creditors regarding what she did with the reward. The charges against her could result in her serving multiple years in prison and having to pay hundreds of thousands of dollars in fines. 

When should you start a construction project in San Francisco?

San Francisco may be a more physically flexible environment for construction workers to operate in compared to other parts of the nation, but you still need to carefully plan what month of the year your project should begin. Recent reports state that the City by the Bay has the second-highest construction costs in the world. With how expensive each square foot of your house or building can be, any delays can be financially detrimental to your plans.

The most common delays occur when there are unexpected weather hazards and contractor disputes. To decrease the chances of either happening, you have to pick the optimal months for the project to proceed to get it done quicker and you have less financial worries. To determine the best time, you need to keep the following factors in mind:

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