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Construction litigation and reasons for legal liability

Construction is a significant part of the economy and landscape in Alabama and across the nation. When a public or private entity is having construction work, there are certain requirements for the work and its quality. The laws will protect them from defects and other issues that can arise due to errors by the company or its contractors. Similarly, construction companies - whether it is as a provider of services or an overseer that hires contractors - will be shielded from various accusations of legal violations.

When there is a belief that there were construction defects on a project, it is important for all involved to understand the various aspects of the law regarding these issues and what constitutes a violation. Legal help is critical. With legal liability, the concerns are negligence, breach of contract, breach of warranty, strict liability and fraud and negligent representation.

Businesses can benefit from ADR

When an Alabama business and commercial entity is dealing with a dispute, one of the first thoughts is that they will need to prepare for litigation. While that is the case in many circumstances, it does not necessarily need to be so. There are many cases where it is possible to negotiate and avoid litigation. This is where alternative dispute resolution (ADR) comes in. For employers who would like to try this strategy and all it entails, it is crucial to have legal assistance from a qualified business and commercial law firm.

With ADR, the participants are encouraged to discuss the case and try to avoid long-term and costly disputes. It can even help them salvage the relationship and continuing doing business together if that is what they choose to do. There are various types of ADR, but the most common are mediation, arbitration and collaborative law.

Business and commercial lawsuit alleges sale illegally scrapped

Business and commercial agreements for the sale of property can be complicated in Alabama. When there is a company that seeks to purchase and develop land or redo an established building or area, there are many issues that can crop up to cause problems or to outright ruin the deal. While the complainant with what sounds like a reasonable position as to why they are filing a claim might seem to be in the right, the defendant could also have a viable argument. Having legal defense is imperative to those who are confronted by a lawsuit and an experienced law firm is critical toward that end.

A lawsuit was filed in Alabama asserting that a federal utility in Tennessee has blocked the sale of an unfinished nuclear power facility. They assert that blocking the sale was illegal. The developer states that the Tennessee Valley Authority breached the contract when it did not allow a sale that had been previously negotiated to continue. The bid of more than $110 million was accepted in an auction from 2016. The sale was set to close soon. However, TVA stated that the buyer needed to have approval from a U.S. regulatory agency and that was not granted.

Woman files employment business and commercial lawsuit

Employment lawsuits are commonplace in Alabama and they stem from a litany of complaints. There could be wage issues, sexual harassment, mistreatment, or a failure to promote when a worker feels he or she was justified in gaining upward mobility. While many of these cases are due to the employer not obeying the law, there are times when workers are seeing illegality where it does not exist. Or there could have been a disagreement for which the employer was perfectly allowed to take its position. When an employer - public or private - is facing these allegations from an employee, a former employee or a prospective employee, contacting a business and commercial law firm is essential.

A school employee asserts race hindered her promotional opportunities in the school system. The woman, who is African-American, filed a case saying that the Civil Rights Act was violated. She had a job as a Title I Facilitator at a local school board. She has certification to work in public schools as an administrator and to be an assistant principal. She holds a master's degree as well as other certifications. According to her, she filed applications for nearly 20 positions in the system over the past seven years. She did not get any of the jobs and white people got all of them.

Choosing a gentler way to resolve business disputes

If you are having a dispute with an employee, client or business associate, you may wish you could resolve the issue without damaging your relationship with that person or putting strain on your company. After all, you may still benefit from the other party's business associations, and a legal battle often creates irreparable rifts between the participants.

Fortunately, more Alabama businesses prefer alternative dispute resolution methods to reconcile their differences instead of taking the matter to court. ADR, such as mediation or arbitration, offers many advantages to a business owner who is facing a conflict related to contracts or other matters.

Sexual harassment claims roil business and commercial entities

Sexual harassment and other employment allegations from employees is one of the most difficult issues that a business will face in Alabama. This is especially true in the current atmosphere in which people are more cognizant of mistreatment, willing to speak up about it, and will garner unabashed support from others whether the allegations are believable, realistic and true or not. This is not to imply that all cases in which there are assertions that business and commercial entities had people engaging in inappropriate behavior are manufactured, but some incidents are exaggerated or outright fabrications. For these businesses, having a legal defense that understands the perspective of the accused is vital to combat the charges.

The Assistant State Superintendent of Alabama is confronted with federal litigation that he committed sexual harassment and discrimination against an assistant when he functioned as a school superintendent. He was promoted from that former job in July. He had the previous job from 2014 until then. In the lawsuit, the woman states that she had several jobs for the county's Board of Education and was the man's assistant for more than two years beginning in February 2015.

Business and commercial entities must defend employment claims

Alabama employers, public and private, can be confronted with a variety of employment-related issues as they conduct business. For example, when an employee is dismissed from a job or faces some level of sanction, the current political climate might bring forth the impression that the employer is automatically wrong and the employee has the right to file a claim and be compensated. That is not necessarily the truth and it is vital for the public and private business and commercial entities to have legal assistance to defend against the charges for the good of the business.

An engineering professor at Auburn University has filed a lawsuit against the school. According to his case, the man faced discrimination due to national origin and race. The case was filed after he asserted other workers did not want him to be the chair of a department. They were Caucasian and he claims that sparked their reluctance. He says he was called names, subjected to racial epithets, and excluded from group meetings and email communication. The lawsuit states that the faculty had tried to stop him from being hired in the first place.

How can toxic mold lead to construction litigation?

Construction problems are relatively common in Alabama and across the U.S. Some are benign and some are serious. Benign defects can usually be handled without the need to go to court or engage in an extended dispute. The more serious issues can lead to people becoming ill and even dying. One that is quite dangerous is toxic mold. People who are exposed to toxic mold might not be aware that they could have the right to file a lawsuit because of it.

Those who are accused of being responsible for a property that has toxic mold with people placed in danger of becoming sick could be confronted with a legal filing because of it. Both sides need to be cognizant about toxic mold and what to do if there is a complaint about it. Toxic mold lawsuits will depend on the individual circumstances.

Choosing between a partnership and an LLC

You and your partners are ready to get your new business venture off the ground. Before you can do so, you need to choose an entity structure that will best serve the company and everyone involved.

If you are like many other Alabama entrepreneurs, you may have already narrowed down your selection to two different entities. Now all you need to do is understand the primary advantages and disadvantages of each in order to make an informed decision.

Mental health facilities need insurance defense from liability

In Alabama and throughout the nation, society is judged by how it defends its weakest and those in need of help. For people who suffer from mental health issues, getting care and treatment is imperative for them to receive what they need to function and survive. However, when there is a problem at one of these facilities, the first reaction on the part of the person and his or her family is often to file a lawsuit. Insurance defense is key when there are allegations that a facility was somehow in the wrong and can avoid a costly decision against the facility.

Whether it is a civil rights violation, personal injury, wrongful death or for some other reason, having legal assistance from a law firm that understands disability and mental health is critical to the defense. There are many ways in which there can be a liability case lodged against a facility. There could be allegations that the patient did not receive the proper treatment; the person could have been subjected to abuse in a sexual, physical or emotional way; there might have been privacy violations; medication mistakes can happen; or malnutrition, dehydration and physical breakdown could come about. Any of these factors and more can lead to a legal filing.

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