Basic Tenets of Construction Law

If you have planned to build a home, for yourself or as an investment property, you are likely more concerned about finding a reputable contractor and crew than worrying about whether or not you need a lawyer. In truth, there are concerns in construction that may require the guidance of a lawyer who concentrates in this practice. As implied, construction law deals with matters relevant to the construction of homes and commercial properties. It’s good to know the basics if ever a project of yours comes under scrutiny.

Here follows some of the things a construction lawyer does.

  • Contracts – A lawyer with a concentration in construction law can help with the negotiation of a contract for the land on which the home or building in placed. If you have concerns about the ownership of the land under your building, you may need such legal assistance.
  • Builders’ liens – When a contractor, subcontractor, or workers on a particular project claims a lien, he/she is basically claiming payment for a job – typically a renovation. The person or entity that holds the title to the property is then responsible for paying the claim. If there are disputes involving a builders’ lien, you may wish to contact a construction lawyer for assistance.
  • On-site personal injury – While one can find a number of lawyers who concentrate in personal injury practice, construction lawyers do provide assistance in cases where injury happens on a construction site or during a building repair or renovation. Because these situations may differ from other situations like car accidents, you may wish to retain the services of a lawyer with experience in construction law.
  • Insurance claims – Construction lawyers also provide counsel in some insurance cases. If your property is damaged following a fire or storm or theft, and there are issues with the insurance claim, an attorney with a concentration in construction law may be able to help you.

Do you need a somebody with experience in construction law to assist you as you build up your residential or commercial property? You may not need somebody onsite every day, but it is a good idea to have a name and number handy in the event you foresee any type of legal dispute that concerns your building. Whether you have a disagreement over land ownership or with the contractor in charge of your product, having good representation can make the process happen more quickly.

Are Motorcycles Covered Under California Lemon Law?

When you buy a motorcycle, either from a previous owner, or from a dealer, you expect to run properly. Having to repair the vehicle on and on should make you a bit suspicious. Failing to properly function after a consecutive number of repair attempts is a clear sign that you deal with what is commonly known as a “lemon”. We know that there are specific consumer laws regarding lemon car in California, but does the law also cover lemon motorcycles?

Yes, motorcycles fall within the scope of California’s Lemon Law. If you have had repeated warranty repairs or excessive time in the repair shop, then you should call a lemon law lawyer for further assistance. California law covering motorcycles, trailers and boats is a bit different that the law covering cars. Under the California Lemon Law, motorcycles are covered by Civil Code section 1793.2(d)(1) which covers “consumer goods.”

Consumer goods are covered by lemon laws if they are sold with a written warranty and they are bought for personal or household use. Just like cars, consumer goods must be subjected to a reasonable number of repairs before being declared “lemons”. But, unlike cars, a manufacturer can repurchase the product or replace it in order to fulfill its obligations under the California’s lemon law. The good news is that the found defect need not “substantially impair the use, value or safety”, meaning that you can recover your money even for some minor defects.

Typical defects compromise the safety of driving a motorcycle, making lemon cases stronger than in the case of cars. It is important to collect as much of the repair documentation as possible. They will support your claim and will allow you to settle the claim faster. Also keep track of incidents during operation of the bike is also helpful. Sale documentation and warranties provided at the time of sale can again make a claim stronger and easier to obtain a refund.

Owners of faulty, lemon motorcycles can ask for a replacement motorcycle or a full buyback. The latter will include:

• Full motorcycle price or paid monthly payments and down payment

• Registration fees

• Sales tax

• Incidental damages

• Vehicle rental cost and towing reimbursement

• Attorney`s fees

However, a small amount of money may be calculated and deducted from the repurchase costs, The sum of money is based on the mileage that the motorcycle was driven for prior to the first problem.