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Litigation Tag

Are you Entitled to a Trial Preference?

Often, one of the earliest questions posed by our clients is “How long will it take to get to trial?” With the trial courts backed up, the answer I often have to give is that it could take at least a year, and often 18 months, from the date the complaint is filed to get to an initial trial date. Moreover, initial trial dates sometimes are continued to later dates. We recently had a client who had a serious legal problem with respect to his home remodeling project, but he was 76 years old and suffering from a potentially...

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Are Oral Change Orders Enforceable on Commercial Construction Projects?

Nearly every construction contract has a provision that changes to the work must be documented in written Change Orders and signed by both the Owner (or his or her representative) and the Contractor. Courts have recognized it as a “wise precaution in making contracts of this magnitude.” (City Street Improvement Company v. Kroh (1910) 158 Cal. 308, 321.) Change Orders should be issued whenever the work of the project is changed, whether that change increases or decreases the project scope. So, for example, they should be issued for changes that add to scope (most likely increasing the cost and, perhaps, even...

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