Insurance policies do not provide any coverage (either defense or indemnity) for contract breaches. Rather, most liability insurance policies provide coverage for personal injury and/or property damage claims. Some insurance policies provide coverage for “professional negligence” and/or “errors and omissions.” Depending upon the circumstances of the case, the insurance policy involved, and the allegations of […]
Commercial and residential real estate disputes
There are some major differences between a residential real estate and commercial real estate disputes. The California State Legislature has passed a number of laws regulating residential real estate transactions. One of the most important of those is a statute requiring the seller to make written disclosures about the property being sold describing a number […]
The Art and Science of Litigation:/Common Challenges
Clients involved in contested matters come to attorneys for guidance regarding the litigation process. Oftentimes, clients on opposite sides of a dispute believe 100% in the justice of their cause, yet, in the usual case only one of the sides will prevails in the litigation. Contract litigation attorneys are schooled in the art of risk […]
Amending Contracts
Written contracts can generally be modified only by another signed writing or by an “executed” oral agreement (i.e., an oral agreement actually performed). Oral discussions about modifying a written contract which are not executed (performed) will not change the contract terms. At times, the parties will present to the Court a series of emails to […]
Statute of limitations for breach of contract disputes
Statutes of limitation are deadlines imposed by law regarding breach of contract disputes. They define the date by which a legal action must be filed or be barred for untimeliness. In the case of a written contract, the statute of limitations is 4 years from the date of breach. In the case of an oral […]
