Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

FLSA…an overtime trap for the unwary! How to protect yourself.

The FLSA wage overtime laws require employers to pay time and one half of an employee’s regular wages for any hours worked in excess of 40 hours in any given week. Mistakes can easily be made by companies engaged in construction in assuming that certain employees who earn commission are exempt from the overtime payment requirements

Read More

Are you exempt from overtime wage requirements under the FLSA? Follow up:

Are you exempt from the overtime wage requirements of the FLSA? Check out Rodriguez v. Home Heroes, LLC In follow up to our last post regarding employer liability for overtime wages under the Fair Labor Standards Act, although 29 CFR 779.317 provides a list of business organizations lacking a “retail concept,” including building contractors and

Read More

Do you have employees who work overtime? Better know the FLSA!

Employees for construction companies are not exempt from the service establishment exemption from overtime compensation. The Fair Labor Standards Act (FLSA) 29 U.S.C. 207 requires that employees must be paid time and a half for all hours worked in excess of forty (40) hours in any given work week. Subsection (i) of section 207 provides

Read More

Why is Alternative Dispute Resolution a good idea?

Because it is significantly cheaper than court based litigation. Unless you are dealing with a claim that involves damages in the six figures, the cost of litigation may be more than the value of the claim. On the plaintiff’s side, it doesn’t’ make economic sense to spend more in legal costs than the value of the

Read More

Arbitration as an alternative to litigation and trial

The other tool in the Alternative Dispute Resolution arsenal is Arbitration. Arbitration involves a hearing before a third party (an arbitrator) which can involve, the testimony of witnesses as well as the presentation of documentary and tangible evidence. If the parties cannot reach a settlement and want the opportunity to present their case to a third

Read More

Alternative Dispute Resolution, Alternative to what?

. . . . .Alternative to spending lots of money and relying on a decision mechanism that involves people you’ve never met, who don’t know you and know very little about your case. The traditional mode of case resolution involves litigating your case, discovery, depositions, motions, trial preparation and trial. A very expensive proposition from

Read More

The Right to Repair Act: Part 3 Summary of the law

Contractor’s decision not to repair or pay: If the contractor provides a statement to the claimant that it will not proceed with the work, the claimant may bring legal action without further notice, except as may be otherwise required by applicable law. O.C.G.A. § 8-2-38 (h). Claimant’s reject of Contractor’s offer to repair: The claimant shall

Read More

The Right to Repair Act: Part 2 Summary of the Law

Access for inspection requested by the contractor: If the contractor requests an inspection, the claimant shall provide access to the site within 30 days of receiving the contractor’s request. The contractor shall have reasonable access to inspect and document any alleged construction defects and perform any nondestructive testing required to evaluate the nature and extent of

Read More

The Right to Repair Act: Part 1 Summary of the law

The Resolution of Construction Defects Act, O.C.G.A. § 8-2-35, et seq, otherwise known as the Right to Repair Act, was enacted in 2004 to provide a legal mechanism for homeowners to resolve construction defect claim against contractors. Written notice required by claimant/dwelling owner 90 days before suit: The Right to Repair Act requires that the

Read More

Drafting an effective contract: A road map for the parties….

Drafting an effective contract means 1) drafting an enforceable contract; 2) drafting a contract that is specific as to the work to be completed (scope of work);  3) drafting a contract that sets forth the specific amount of money to be paid, as well as when funds are due based on a certain percentage of

Read More