Jones Williams Fuhrman Gourley, P.A.FindLaw IM Template2024-02-08T09:51:13Zhttps://www.idalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100907/2019/12/cropped-ID-32x32.pngOn Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=486672024-01-30T05:43:31Z2024-01-30T05:43:31ZCommon construction defects
Sometimes, a project's defects begin long before the first day a team commences physical work. Design flaws on the drawing board might lead the construction crew astray. Design flaws could be dangerous, as evidenced by crafting plans that present structural flaws.
Material defects are another example, and a construction team may not realize they are working with defective materials. Problems with defective materials might not reveal themselves until after the project is long completed, which may also present hazardous risks. For example, weak beams might lead to a roof collapsing.
Further issues with construction defects
The contractor and the company's workers may engage in poor-quality work. There could be several reasons why the contractor does not perform proper work. Some may attempt to speed up the project or save money. Regardless, performing low-quality work may lead the contractor into a construction defect lawsuit for any losses inflicted on a client because of poor work. Some may face personal injury claims if the poor quality of work contributes to someone's injuries.
Construction defects might lead to a property becoming condemned. A business occupying the property could shut down until costly repairs are completed. Construction litigation could be the only way for the injured party to recover their losses. All parties that contributed to the construction defects may face legal claims.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=486312023-11-08T04:12:00Z2023-11-08T04:12:00ZKeep things civil with your spouse
Keeping things civil with your spouse is one of the most crucial aspects of having a child-centered divorce. It allows you to avoid unnecessary fights in front of your children that could be emotionally damaging. If a dispute arises, make sure you settle it respectfully; if you do have to argue, do it away from the kids.
Work together
Work together with your spouse when breaking the news of your divorce to your children. Maintain a peaceful environment they need during this time and be sensitive toward your kids' feelings when making the announcement; it can help soften the blow.
Avoid going to court
If it’s at all possible, avoid going to court to get your divorce. Traditional proceedings can take over a year, which can take its toll on everyone, especially your children. The best thing to do when aiming for a child-centered divorce is to seek mediation or collaborative divorce. Both options let you avoid court while working together to settle things. You set the pace for the process and decide on property division, child custody, child support and other aspects.
Focus on a better future and reassure your kids
Even when you and your spouse agree on everything, divorce can still take an emotional toll on you and your children. As a result, it’s crucial to focus on a better future. Assure your kids that you and your former spouse are both there for them and will always love them. Explain that while you will no longer be married, nothing will change regarding your relationship with them.
Divorce is never something to look forward to, but it might be necessary. With children involved, you can make things easier by focusing your split around them.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=483942023-08-07T22:20:10Z2023-08-07T22:20:10ZReview the closing disclosure
A minimum of three business days before your closing date, you should receive a form listing the final details about your home purchase. It's critical to ensure the title is clear and review the closing disclosure, looking for errors.
Examine your closing disclosure carefully
The terms for your loan and closing costs will be listed on your closing disclosure, showing what you're responsible for paying. These should include the
Loan term. This refers to the timeframe your home loan will last, which is typically 15 to 30 years.
Loan type. You will choose between a fixed or adjustable-rate mortgage (ARM).
Interest rate. This is the interest rate you locked in for your mortgage.
Estimated total monthly payment. Your total monthly payment is estimated as it can change if you choose an ARM.
"Cash to close" figure. This is the money you must use to close the deal. It includes your down payment and closing costs and is typically paid via a wire transfer or cashier's check.
Estimated insurance, taxes and other payments. These include homeowners' insurance and property taxes.
Closing costs. These can include the credit report and appraisal. You may also have lender's fees, such as underwriting or application fees.
Reviewing the closing disclosure is critical to ensure each figure is correct. Once you're satisfied, and the paperwork is signed, you must complete the process by paying.
Paying with a wire transfer or certified check
When purchasing a home, you can't use a personal check. Instead, you'll pay using a wire transfer or certified check.
Ensuring all the information is correct during the closing process should provide peace of mind and help eliminate problems. Be sure to safely store all your documents once the closing has been completed. The next step is to move in and meet your new neighbors.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=483662023-05-04T04:49:08Z2023-05-04T04:49:08ZReview the contract and insurance policy
The first step is to review the construction contract and insurance policy. It is essential to understand the terms of the agreement and the scope of coverage provided by the insurance policy. It is also important to identify any indemnification or insurance requirements that may apply.
Investigate the claim
Investigating the claim thoroughly may involve visiting the site of the alleged defects, inspecting the construction materials and design plans and reviewing any relevant documents and records. It is crucial to document all findings and keep accurate records of all communications and interactions related to the claim.
Retain experts
Experts who can contribute their valuable knowledge may include architects, engineers, contractors and other professionals with authority in the relevant field. These experts can provide critical insight into the cause of the alleged defect and the extent of the damages.
Respond to the claim
Responding to the claim promptly may involve filing a response to a legal complaint, providing a detailed explanation of the situation, or negotiating a settlement. Understanding the law fully and working closely with legal counsel and insurance providers will help you in developing an effective response strategy.
Document and preserve evidence
Throughout the construction litigation process, you must document and preserve all evidence related to the claim. Records, documents, photographs and other materials that are relevant to the case can reinforce your argument, while failure to preserve evidence can significantly weaken the defense case and may even result in legal sanctions.
Seek resolution
Seeking resolution involves negotiating a settlement or going to trial. Implementing the optimal strategy can protect the interests of the contractor or builder.
Defending a defect claim
A physical or financial loss from a construction defect can potentially derail a contractor's professional and personal life. Defending a construction defect claim requires a thorough investigation, a proactive response and knowledge of the law to best present your case.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=482042023-01-30T22:07:20Z2023-01-30T22:07:20ZStop using social media
The best thing to do during a divorce is to avoid posting or even viewing social media entirely. It prevents a potential problem from happening and allows you to focus on the real world. You can take care of your children and focus on yourself if you skip social media and resume your usage after your divorce is final.
Be smart
If you can’t stay away from social media while going through your divorce, be smart when posting and limit your time on it. Avoid posting anything that could draw negative attention to yourself and only post innocent things. For example, pictures of your children and pets or a new haircut should be acceptable and not cause trouble. Don’t post anything about your spouse, the divorce or your personal life at all.
Although it might be tempting, don’t view your spouse’s social media profiles or search for them online. Doing so might turn up something you might not expect and could lead to nasty fights.
Tweak your privacy settings
Even if you aren’t getting a divorce, tweaking your social media privacy settings is wise. It can prevent prying eyes from accessing your posts, photos and other content. Reach out to your connections and ask them to refrain from tagging you in posts as well. If your spouse has any mutual connections, they can see whatever those people post.
Monitor your children’s usage
If you have kids and they are old enough to be on social media, monitor what they post. Tell them not to discuss your divorce and ask to see their posts to be sure they won’t cause problems.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=482012022-11-04T21:54:16Z2022-11-04T21:54:16ZGet to know the other side
Knowing why the owner of a commercial property wants to sell may enable you to offer terms that will entice that person to accept your offer in a timely manner. For example, let's say that the current owner is selling because being a landlord is too stressful. That person may be willing to take less than the property is worth if you guarantee to complete the sale in a matter of days or weeks. This would allow the seller to get out from a bad situation without necessarily taking a significant loss on any capital already invested into the asset.
Don't forget about due diligence
Before you agree to buy a building, make sure that you know everything about it. Generally speaking, you're liable for any issues a property has after you take control of it. Therefore, you would likely be responsible for repairing a foundation, getting rid of mold or taking care of any other potentially expensive problems that might arise.
Stay grounded emotionally
There may be moments during real estate negotiations when you feel insulted, annoyed or plain upset at the other side of the transaction. However, it's important to remain objective as allowing your emotions to dictate your decision making may make it difficult to negotiate the best possible deal.
Buying commercial real estate is generally a complex process that may require the assistance of outside professionals to complete. Ideally, you will ask questions and do other due diligence before the transaction closes. However, a seller may be liable for damages if an issue arises after the sale that wasn't properly disclosed during negotiations.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=481982022-08-05T20:39:23Z2022-08-05T20:39:23ZWhat is in your child's best interest?
The best interest of the child standard says that custody or visitation decisions must put a minor's needs above all others. For instance, if you move 100 miles away from the family home after a divorce, you're more likely to receive visitation rights as opposed to custody rights. This is because allowing joint custody would force the child to spend too much time in an unfamiliar environment. Of course, the opposite might be true if moving from the family home put your son or daughter in closer proximity to extended family members or a school that he or she has previously attended.
Do you have a strong relationship with your child?
The relationship that you had with your child prior to the divorce will play a role in determining if you get custody or visitation rights. A call log, purchase log or other records can show that you have been in your child's life and can provide for their needs. You might also want to provide evidence that you can provide a safe environment for your child.
This typically means that you have a house that provides an adequate level of privacy and is located in a safe neighborhood. If you have a history of substance abuse or domestic violence, you'll need to prove to a judge that this won't impact your ability to be a good parent.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=481602022-05-03T21:17:11Z2022-05-03T21:17:11ZWhat is a construction defect?
A construction defect is anything that was improperly administered in the makeup of a building. This could include the materials used, poor workmanship or even a failure to comply with proper construction codes. Construction defects can cause serious instability in the building and lead to much bigger, more dangerous problems.
What are common construction defects?
There are several types of construction defects that are frequently reported. Design defects are those that result in poor designs, and they may be noticed before the construction even takes place. If the architect or engineer creates a design that's impractical and the construction crew builds it in spite of the potential dangers, it can lead to a variety of problems. The building's support might be poor, water might easily get into the building, or there may be poor drainage of water.
Construction deficiencies are a type of construction defect that comes from poor-quality workmanship. This often occurs when the contractor doesn't build up to code. If the building has these problems, poor craftsmanship can leave it vulnerable to water damage, mold damage, plumbing problems, electrical issues or mechanical problems.
Subsurface deficiencies mean that the soil on which the home is built is not stable enough to hold it. When a building's foundation is unstable, it can lead to major damage. The structure might shift, and the building could collapse over time. The homeowner would likely have cause for construction litigation against a contractor.
If the construction crew uses poor-quality materials to build the home, it can compromise the entire building. This is a construction defect that results in the individual parts of the building malfunctioning. For example, if the construction crew uses cheap windows as a way to cut corners, those windows might later easily break or fail to prevent water, snow or wind from entering the home.
Construction defects can lead to serious issues with a home. If you have suffered injuries or damages, there are options to help you fight back.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=481052022-01-29T03:05:06Z2022-01-29T03:05:06ZWhat is a mechanics lien?
A mechanics lien is a legal document that gives you the right to file a lawsuit against someone who owes you money for work that you have done on their property. In Idaho, there are specific laws governing mechanics liens. These laws exist to protect contractors and subcontractors who have not been paid for work that they have done on a construction project.
How do I file a mechanics lien in Idaho?
Step One: Send written notice of your intent to file a Mechanics Lien to all parties involved in the project. This notice should include the following information: Your name and contact information, the name of the project, the amount of money that you are owed for your work, and a description of the work that you have done.
Step Two: File a copy of the notice with the Idaho Secretary of State. Construction law requires that you file the lien claimant within 90 days of the date you supplied unpaid labor.
Step Three: File a lawsuit in court to recover the money you are owed. You must serve the property owner a copy of the lien within five days of the date of filing.
What are the consequences of not filing a mechanics lien?
If you do not file a mechanics lien for unpaid work done, you may lose your right to sue for payment. Additionally, if you file a mechanics lien and the court later finds it to be invalid, you may be liable for damages caused by the lien.
If you have been injured on a construction project or have not been paid for work you have done, it is important to file a mechanics lien to help you protect your rights. However, remember that the time limits are very tight so you must be prepared to act fast.]]>On Behalf of Jones Williams Fuhrman Gourley, P.A.https://www.idalaw.com/?p=480872021-11-08T21:49:53Z2021-11-08T21:49:53ZWhat is the implied warranty of habitability?
Real estate owners and landlords are required to ensure that their property is livable for the safety of their tenants. There are laws that set forth the implied warranty of habitability. This means that there must at least be minimum living requirements in place for tenants. This includes services that are considered basic necessities, including heat, plumbing, and water. If these things are not in place or need repair and the landlord refuses to comply, the tenant has the legal right to not pay rent until they fix them.
Housing is expected to be habitable. As a result, if you have moved into an apartment or other property and there are issues regarding your living conditions, you have the right to refuse to pay your rent and cannot be evicted.
What if the lease doesn’t mention repairs that should be made?
Regardless of what’s in the lease, landlords are required to repair basic necessities on their rental property. For instance, if a tenant complains that there is no running water in their apartment, it’s not a livable situation. They can request that the landlord make repairs or send a plumber to fix the problem. However, if the landlord refuses due to the lease not specifying that they’re responsible, the tenant can take legal action. Not only can they legally stop paying rent, but they can also file a lawsuit if the landlord tries to retaliate against them through eviction, raising the rent or deliberately shutting off utilities. This can happen even if the landlord verbally threatens the tenant with one of these things but doesn’t carry through with the threat.
If your landlord has breached this warranty and refuses to fix things in your home, you have the legal right to complain and withhold rent until they take action.]]>