Unlawful Act or Practice Definition Authority Deception “Deception is any method, act, use, practice, advertisement or solicitation that has the tendency or capacity to mislead, deceive or cheat, or that tends to create a false impression.–Reliance, actual deception, knowledge of deception, intent to mislead or deceive, or any other culpable mental state such as recklessness […]
For additional information regarding Missouri Mechanic’s Liens click here. TIMING Must be filed within six months after the indebtedness accrues Indebtedness accrues on the last day work is performed “A subcontractor cannot, after the termination of an account, extend the mechanic’s lien filing time by rectifying some fault of his in performing the contract.” S
A mechanic’s lien is an incredible collection tool. It gives subcontractors the ability to collect even if there was no direct contract with the owner (note: the subcontractor’s lien rights are more limited in Missouri when dealing with residential property, as discussed below). Once a lien attaches, it is incredibly difficult to remove from the
Are you involved in a dispute on a construction project? Do you need an attorney to assist you with the litigation process? Our attorneys handle a wide array of construction disputes, and we can probably help you with your case. We have represented owners, general contractors, subcontractors, sureties, design professionals, and a variety of other
The construction industry is responsible for the largest quantity of workers compensation claims out of any other industry. A study from 2002, which was conducted by the U.S. Department of Labor, shows that the construction industry had the most missed days of work per year compared to other industries, as a result of occupational injuries or illnesses.
St. Louis Construction Accidents In 2015, 114 (work related) injuries that resulted in fatalities were reported to the Missouri Division of Workers Compensation. (See http://labor.mo.gov/sites/default/files/pubs_forms/DWC2015AnnualReport.pdf) Accidents are a part of life…But the consequences can be incredibly serious in certain situations. If it happens on a construction site, the consequences can be catastrophic. We understand the gravity of
Contractors’ Rights on a Remediation Project The phone rings at 5am. It’s a call from the insurance adjuster. One of their insured clients’ home flooded. Your company is tasked with performing the remediation work after the flood. As part of the work, you had to remove personal property for the homeowner. You also agreed to store
What if I have a Property Line Dispute with my Neighbor? What are my Rights? As one can imagine, your rights are dependent upon the facts surrounding your case. There are a number of different remedies and/or defenses in a case where two neighbors are battling over who owns what property. At first blush, one
Litigating an Arbitration Arbitration is a common clause in many construction contracts and is one manner of resolving a dispute without the direct intervention of the court system. Some refer to it as alternative dispute resolution (“ADR”). The person deciding the case is an arbitrator instead of a judge. Once the arbitrator renders a decision, the ruling is binding on
