Month: December 2010

The public has most recently been exposed to the concept of a Ponzi scheme by way of a former NASDAQ chairman named Bernard "Bernie" Madoff. While Ponzi schemes on a scale as large as Madoff's may be rare, Ponzi schemes in general are more common than one might think....

The standard form residential purchase agreement published by the California Association of Realtors ("CAR"), was updated in October 2002. The Purchase Agreement adopted The Federal Arbitration Act ("FAA") procedural provisions. Until recently, parties have...

As declining residential property values are starting to stabilize, mortgage lenders are approving more Short Sales as an alternative to foreclosure. A homeowner may elect to pursue a Short Sale when the fair market value of the property is less then the amount of the...

A recent Court of Appeals decision refused to interpret a $25,000 per claim (Self Insured Retention) as applying to each home in a multi-home construction defect lawsuit because the policy language did not unambiguously inform the insured that the SIR would be applied...

The California Legislature recently amended California Civil Code Sections 3084 and 3146 relating to mechanic's liens. In particular, Assembly Bill ("AB") 457 requires additional notices in order to preserve a lien claimant's rights to enforce a mechanic's lien. The...

Nevada construction defect claims are governed by Nevada Revised Statutes ("NRS") 40.600 - 40.695, which is commonly referred to as "Chapter 40." Chapter 40 first became law in 1995. The original stated goal of Chapter 40 was to provide a pre-litigation process to...

Whether it's a shopping center, office building or a house, some real estate brokers and agents have regrettably resorted to fraud in order to make a sale and earn a quick commission. In one example, a broker, in order to complete a difficult sale, told the buyer of a...

You already know that Cal-OSHA regulations can form the basis for claims by your employees or for fines levied by the State, but did you know that Cal-OSHA regulations can now be used as the basis of a third party tort claim? For example: One of your employees is...

Kring & Chung works with a number of contractors that are corporations and limited liability companies holding their licenses through a Registered Managing Employee and/or Registered Managing Officer, which are commonly referred to as RMO/RME. According to...