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Austin Business Litigation Blog

How can you prepare for mediation for your business?

Mediation is an important tool for businesses that find themselves in disputes. Whether you're facing a construction dispute claim, a breach of contract matter or something else, it might be in your best interests to attempt to resolve the matter via mediation.

When you use mediation, you're working a neutral third party to come up with terms that settle the legal matter without having to go through a trial. This is usually a more cost-effective and less time consuming method than taking the case to trial.

Don't risk probate litigation. Use a no-contest clause

You have multiple beneficiaries, so you know that there is a risk that one of them may contest your will or decisions in your estate plan. You've worked hard to make sure that doesn't happen by discussing your wishes with them, but you know that some of them aren't happy.

Your goal is to make sure your estate plan is thorough enough to prevent anyone from contesting your will. If they do contest it, you want them to risk losing everything, if possible. You've worked hard to decide how to divide your assets, and you don't want an ungrateful heir to create issues after you pass away.

Common categories of deficiencies in construction projects

Construction deficiencies are a significant issue in some projects. These are frustrating no matter which side of the matter you are on. One thing that must be done as soon as you realize that there's a problem is to explore your options to address the situation.

Some problems are fairly common in construction projects. These can impact residential and commercial projects, so you should be vigilant no matter what type of project you have going on.

Caught up in a dispute? Mediation may be the answer

You have been working hard to put together your home the way you want it to look. You even hired a contractor to help with construction. You have a great contract, and you were happy with how you felt it protected you.

What you didn't expect was how many issues there would be throughout the construction process. It's taking longer than expected and has been frustrating to deal with. You feel like you've been patient, and you've tried to be fair. Now, you want the construction to stop and to hire someone else to finish it, because you feel like the contractor is just not doing what they said they would.

When can a person contest a loved one's will?

Probate litigation is a complex area that requires a deep understanding of the applicable laws. One of the primary situations in which this area of the law comes into the picture is when there is a dispute over a will. There are specific circumstances that must be present for a person to do this.

Will challenges aren't common. Around 99% of all wills go through the courts without any issue. One of the most difficult things about contesting a will is ensuring that you're a person who is able to do this. Then, you have to be sure that you have valid grounds for the challenge.

Resolving a construction dispute as a homeowner

Maybe you're in the process of building your dream home from the ground up. Or maybe you hired a contractor to take on a large home improvement project, such as adding a second story addition.

You hope everything goes as planned, but in the back of your mind you realize that many things could go wrong along the way.

How does scope creep begin? Learn more

Most contractors are familiar with the term scope creep. This insidious problem crops up frequently on new builds and renovations equally. It eradicates profits and can generate litigation if not resolved.

So, if we understand what it is, why does scope creep continue to be the bane of contractors' existence? Let's examine a few ways in which scope creep can begin on a construction project.

Understand and avoid a mechanic's lien with this information

You've been living in a property that you purchased for some time, so you decided that you'd like to sell it. To your surprise, a buyer backed out because a mechanic's lien is in place.

This lien is a kind of security interest that can be placed on your home or property when a subcontractor, contractor or supplier has not been paid. Even if there is a general contractor who was paid in full and supposed to pay these individuals, they can still place a lien on your property if they don't receive payment. In the end, it's the homeowner who could end up being forced to pay double to cover the expenses that were not paid to the past contractors.

Mediation is a smart move when you're dealing with a dispute

Of all the things that you should want to avoid, going to trial is a top concern. Trials are unpredictable, and it can be hard for you to be guaranteed the outcome you want to see.

Fortunately, there are alternatives to going to trial. One such alternative is mediation. Mediation is about more than just "winning." It is about finding a solution that both parties agree with. Whether you're struggling with a contract dispute, construction disputes or arguments involving your homeowner's association, mediation can help.

3 things to know about construction defects

Undertaking a construction project, big or small, can come with some unique challenges. Not only do you have to find the right property to build on, but you also have to obtain permits, ensure the area can receive utility services, check the zoning laws and hire the right contractor. Unfortunately, even a seasoned contractor with a solid reputation can still make mistakes. In most cases, these mistakes may require minor repairs. However, in some situations, you could find yourself dealing with major construction defects.

Before you begin your construction project, it is important to understand the basics of construction defects. Here are a few things to know about types of defects, contractor duties and prevention.

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