Our Blog
We provide insights and advice on navigating civil litigation and real estate disputes.
Filing a Claim Against a Contractor’s Insurance in Texas
While there are countless reasons one might consider filing a claim against a contractor’s insurance in Texas, in this blog post, we will go over the following common reasons: Property Damage They Caused False Advertising Worker’s Compensation If you need expert help, call LloydWinter P.C.
Can a Contractor Sue for Nonpayment Without a Contract?
We are often asked, “Can a contractor sue for nonpayment without a contract?” When we get this question, we know that it really is asking, “Can a contractor sue for nonpayment without a contract that has been signed by the client?” A verbal contract is
When Is It Time to Hire a Civil Litigation Lawyer?
If you are facing any kind of contract, property, or estate dispute, it may be time to call a civil litigation lawyer. If you are having a legal issue with a commercial landlord, fighting with a HOA, or you have been served, you need a
What is Litigation Privilege in California?
People often ask whether the existence of a lawsuit can be the basis for a damages claim for defamation or harm to reputation, but litigation privilege would actually prevent you from pursuing defamation litigation. What is Litigation Privilege in California? In California, litigation privilege
What Are the Grounds for a Cease and Desist?
If someone is doing something to you or your business that is unlawful or harmful, you may have wondered, “What are the grounds for a cease and desist?” Many people have heard of cease and desist letters, and most people know that a cease and
What to Look for When Hiring a Civil Litigation Attorney
Who you choose as your civil litigation attorney can make or break your case. A civil suit is a case that is not criminal in nature. A civil litigation attorney is who you call when you expect to have to go to court. Lawsuits handled
You’ve Been Served- Now What?
If you’ve been served a notice that you’re being sued, you may feel overwhelmed. But if your stress response is to flee or freeze, resist that urge. Failure to respond on time once you’ve been served can result in the court entering a default judgment
California Preliminary Notice Requirements
In most states, to secure the right to file a lien on constructions projects, contractors, suppliers, and subcontractors must send a preliminary notice. A preliminary notice is a legal document that provides information to whomever is responsible for paying for the job. It’s sometimes called
Judicial Efficiency
What Is Judicial Efficiency? “Judicial efficiency” is a term that is often thrown about in courtrooms and pleadings. The concept, in a nutshell, is that where justice can be served in a manner that does not waste the court’s time and resources, that is the
Failure to Disclose Defects on Real Estate Often Justifies Litigation
Failure to disclose defects in real estate is a serious issue. Former property owners and sometimes even real estate agents can be held responsible for failure to disclose defects that exist in a home. Sometimes, the misrepresentation is innocent. Often, it’s negligent. Other times, failure
Quiet Title Action: When To Call a Lawyer
Filing a quite title action isn’t a secretive way of getting the title of a property in your name. The “quiet” doesn’t refer to the action being hush-hush. Rather, quiet titles are named as they are because they quiet any disputes or potential disputes surrounding
Mechanic’s Liens: Sometimes Litigation Is the Only Option
A mechanic’s lien is a legal claim that contractors, subcontractors, or suppliers can place on a property to ensure payment for work or materials provided. This type of lien is used in the construction industry and can be placed on both residential and commercial properties.
Understanding the New Non-Compete Clause Laws: A Guide for Business Managers and Employees
Introduction to Non-Compete Clauses Non-compete clauses have long been a staple in employment contracts, designed to protect businesses from the risk of losing valuable intellectual property and proprietary information to competitors. These clauses restrict an employee’s ability to engage in similar employment or start a
What is Litigation Privilege in California?
What is Litigation Privilege in California? People often ask whether the existence of a lawsuit can be the basis for a damages claim for defamation or harm to reputation. For example, if someone files a lawsuit against me (which is public record) claiming that I
Contractor Disputes
Contractor Disputes When dealing with a dispute with a contractor working on your property, there are several steps you can take to resolve the issue. These range from direct negotiation to formal legal actions. Here’s a structured approach you might consider: Direct Communication Begin by
Unlawful Detainers FAQ
Our firm often receives questions related to eviction actions, also known as unlawful detainers. Here are some of the most common: 1) My tenant is not paying, can I toss their stuff on the curb and change the locks? Landlords are not allowed to engage
Mitigation of Damages
When a wrongdoing has been committed at your expense, the value of the loss/harm to you is known as damages. Sometimes, that figure is fairly easy to ascertain (for example, if you loan someone $5 and they fail to pay it back – you are
Statute of Limitations
The term “statute of limitations” is common in the legal world. You may have heard that term in relation to criminal law (there is no statute of limitations for murder, for example, in most states), but statutes of limitation also apply in civil law. A
What Court Should I Use?
When you have been wronged by another person, you may want to file a lawsuit against them. It is typically more efficient to try to work things out with them pre-litigation (in other words, before you reach the point of filing a lawsuit). But if
Why do Lawyers Require a Retainer?
Once an attorney has undertaken representation of you in a legal matter, certain ethical obligations attach. Where an attorney is registered as counsel of record in an ongoing court case, for example, an attorney cannot simply stop working. They must have a Substitution of Attorney
