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Politics in the Workplace

The concept of "free speech" is as American as apple pie. However, any employment litigator or human resources professional can tell you that free speech and what is appropriate in the workplace are very different concepts.

California’s Third Appellate District Holds that Homeowners with Common Law Construction Defect Claims Must First go through SB 800 Pre-litigation Procedures

This decision clearly recognizes that homeowners cannot abrogate a builder's right to repair their home simply by omitting a cause of action for violation of the Act. The court recognized that a builder has the absolute right to repair. This ruling furthers the right of builders throughout the state to repair homes to avoid litigation. There is no question that homeowners must first give notice of any defect related claims to the builder, and must afford the builder a reasonable opportunity to remedy the defects before they can file suit.

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The Demise of Dual Agent Real Estate Representation? An Analysis of the Recent California Supreme Court Decision in Horiike v. Coldwell Banker

Last week, the California Supreme Court announced a decision that could modify the way big brokerage real estate firms handle business. In a case of first impression, the Court held that a brokerage company who represents both the buyer and the seller in a real estate transaction owes a fiduciary duty to both parties, even if different agents represent the parties. It is well settled law that an agent who represents both the buyer and the seller owes a fiduciary duty to both parties. In Horiike v. Coldwell Banker, however, the Court extended the fiduciary duty to brokerage companies.

Protecting Your Business With Well-Written Contracts

How to protect your business against legal problems with well-written contracts is the primary focus of a “Construction Contracts and Law Class” being presented by a team of Nevada attorneys including WSHB’s T. Blake Gross, Thursday, November 10, 2016 at the SNHBA office, 4175 S. Riley St. Suite 100, Las Vegas, NV 89147. Gross will be speaking on sales agreements and their importance in the construction process.

Oregon Docks Construction Defect Tail

Recently, the Supreme Court of Oregon handed down a decision in Goodwin v. Kingsmen Plastering, Inc. with massive procedural implications for all construction defect cases. The decision clarified the often confused and misunderstood question of what statute of limitations period applies to negligence-based construction defect claims in the state of Oregon.

Brenda Radmacher to Speak at Sold Out “Women in Design+Construction Conference”

Acclaimed litigator, Brenda Radmacher, a Partner at WSHB, is scheduled to speak to a sold out audience at the Women in Design+Construction Conference, November 9-11, 2016, at the Ritz Carlton in Dana Point, California. Radmacher, Claims & Litigation Management Alliance's 2016 Outside Counsel of the Year, will be discussing “She Negotiates: How to Best Position Yourself to Negotiate To Your Benefit.”

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