Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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Liquidated Damages: What are they, how are they used and are they enforceable?

Liquidated damages is a specific sum of money agreed to by the parties to a contract as the amount of damages to be recovered in the event of a breach of the contract. A liquidated provision in a contract will be held enforceable if 1) the injury ...

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