Saturday, 31 March 2012

Palm Springs Local Real Estate Agent To Negotiate Great Deals On ...

If you are recently involved in the purchase or sale of a California foreclosed property, Palm Springs short sale or Riverside townhouse, Property Hookup can help you succeed with the guidance and support of a Palm Springs local real estate agent. The realtor will give you access to advanced tools that can certainly make home buying or home selling easy and convenient for you. It is an extensive portal which lets you to find and negotiate great deals in Palm Springs, California with the standard service of a popular real estate agent in Palm Springs. Come and create a free sign up for getting an instant idea about the most exciting investment homes or foreclosures in Palm Desert cities. Property Hookup has access to a reliable network of registered real estate agents in Palm Springs, who can always provide you with excellent support no matter whether you are a first timer or an experienced property dealer. It assures to directly link up Palm Springs local real estate agent with its customers through a realtor special promotion program. The program verifies and includes the most active and performance oriented Palm Springs real estate agents who can ensure everything to make your deal processing smooth and fast. If you can?t handle the Palm Springs short sales or REOs, check out the Palm Springs local real estate agent listings in the professional realtor?s directory and give away the responsibility to Kevin Jay Stern. Kevin won?t let you feel lost in a large variety or property listings that are displayed with a variable price range on your demand. He has long years of experience as a real estate agent in Palm Springs and can therefore bring you MLS listings as per your choice and provide you with additional information required for making an informed decision. If your level of confidence is low and you don?t want it to affect your deal prospects, contact Kevin and confirm his local realtor service. It will be quick and easy especially if you hold a free account on Property Hookup. Kevin Jay Stern is always there to help you make the right choice with independent and expert suggestion on deals. So, make a quick use of the smartness of this real estate agent in Palm Springs and target his MLS listings more and more.

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Property Hookup makes sure that you find great many number of real estate offers at great discounted price. To deal with the growing complications in sell or purchase of investment homes and short sales all across Palm Springs, it puts you in direct contact with Kevin Jay Stern who will make you analyze the deals individually and make a right selection that suit your requirement in budget, style and size. He has been serving as a full time Palm Springs real estate agent to communities and neighborhood for about eight years and has got a fair about the real estate offers that can be profitable for you. So, give a call to Kevin and discuss about what would be your strategy to trap into the most discounted property deals in the local market. You can also personally visit this courteous Palm Springs local real estate agent at his office, the Desert Star Real Estate in Palm Springs. He will take a note of your requirement and ensure you quality real estate agent in Palm Springs service at every stage of your deal. ?

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Kevin Jay Stern is far ahead of the local real estate agents in identifying your needs and devising newer strategies to help you achieve them very fast. ?He is the most sincere realtor personnel who can represent you both as a seller and buyer real estate agent in Palm Springs. Kevin Jay Stern has his own business contacts and resources for managing your property listing and exposure more effectively. Based on his 25 years of realtor performance, Kevin assures to bring you the most impressive real estate offers in Palm Springs that are available elsewhere. So, move ahead with his local real estate agent in Palm Springs service and feel glad to have listings that are not up for sale at market.

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Friday, 30 March 2012

Personal Finance That Can Really Help You

Mar 29 2012

Don?t waste your time and money on get-rich-quick schemes. Many people have fallen into the get rich quick schemes located on the Internet. The majority of your money should be spent making more money, not on learning how to make more money.

If a credit repair company guarantees a better credit score, run away screaming. Most companies make blanket statements regarding their ability to fix your history. These statements may not be accurate at all since what affects your credit may not be what affects someone else?s. It?s simply not a case of ?one size fits all? when it comes to credit repairs, so there can be no guarantee of success.

You want to have at least three months of income in this account. To fund the emergency account, take 10% of your income off the top, and place it into a high-interest savings account.

Do not pay a professional to do home improvement if you can do it yourself! If you?d like tutorials on the projects you?re planning, you can probably find them offered at a local home improvement store or online. You?ll learn the steps and techniques to complete your home improvements projects.

You need to have a secure process for getting rid of outdated financial documents. A high quality shredder is a noteworthy investment for this purpose. If your documents are not properly thrown away, you can be putting yourselef at risk of becoming a victim of fraud or identity theft. Make sure you are thorough about protecting your interests.

Make sure you use a flexible spending account. You will save money with your flexible spending account if something were to happen where you incurred additional bills. These accounts let you put some money to the side before takes to pay for these expenses. You should talk to someone who does taxes to find out what all is involved.

It is a wise idea to always have a small amount of cash in your wallet for incidental purchases. New laws state that you may have to spend a certain amount to be able to pay the bill with your credit card.

Separate your expenditures into categories. Make a list that includes all of your monthly, fixed expenses. Place variable expenses onto a separate list. This is helpful in making a budget you can live with. It is a good idea to keep track of how much you have available for expenses if you are trying to improve your money situation.

You have the knowledge you need to start managing your finances better. It is now time to take action and apply these tips. Save as much as you can and save using a venue that boosts more savings than traditional savings accounts.

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Source: http://theacousticstage.net/142/personal-finance-that-can-really-help-you/

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Divorce And Domestic Violence: Is Domestic Violence Entirely ...

The time period domestic violence is usually subject to many misunderstandings. Because of from the dearth of clarity of what the phrase actually indicates that, some victims are misled inside their search and attempt to very own their abuser delivered to justice. As a result it is really important to perceive the all aspects coated by domestic violence.
Civil harassment refers into a state of affairs when one particular person annoys, harasses, injures, or threatens yet another human being. You will find many types of civil harassment, domestic violence staying one of those groups. But, domestic violence conditions are incredibly exclusive and vary from civil harassment conditions on account of in the backlink concerning the aggressor along with the abuser, and as a result of on the diverse sorts of domestic violence.
1st, domestic violence is different from other sorts of civil harassment due to existing romance between the sufferer and his/her aggressor. A civil harassment case will be thought-about a domestic violence circumstance should the 2 events are at present married now or were previously married to at least just one yet another, or if the events share a blood partnership, or even the two parties are or have been residing with each other, or if the 2 parties use a small child in typical. If a scenario isn?t going to meet this criterion, it could not be thought-about as a straightforward civil harassment case. Extra, numerous periods the injury caused by one human being from the opposite is usually larger than in other sorts of civil harassment due to of the interpersonal relationships involved.
Domestic violence handles a huge array of abuses. This thought is just not only restrained to true bodily abuse, but it really will on top of that covers any kind of psychological abuse, threatening phone calls, disturbances at the spot of employment on the victim, stalking. Courts several occasions just take under consideration any forms of dominance and handle more than the sufferer. As a result of of this diversity, treatments to halt or prevent supplemental domestic violence might be unique than remedies utilized inside of a civil harassment circumstance.
Domestic violence is pervasive and has plagued lots of layers on the society. Some reports reveal that there?s fully no correlation concerning education and learning level and domestic violence. There may be conjointly no correlation with race or faith.
It is important to learn the way to spot a circumstance of domestic violence. If you suspect you are a sufferer of civil harassment or domestic violence you?d be smart to check with an attorney inside your space to assist you understand the place you stand legally and what your authorized decisions are with regard for the guidelines within your area?Kobe Shoes relating to ?Foamposites 2012 domestic violence and civil harassment.

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Source: http://online-rich.com/uncategorized/divorce-and-domestic-violence-is-domestic-violence-entirely-distinct-from-a-civil-harassment/

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Thursday, 29 March 2012

S.Africa big cat expert attacked by tiger

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Source: http://news.yahoo.com/africa-big-cat-expert-attacked-tiger-085254771.html

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What Is The Most Effective Deep Acne Scar ... - Health and Fitness

Is there a Most Effective Heavy Pimples Keloid Treatment Strategy?

In the past, individuals with heavy scarred tissues have learned these nearly impossible to be able to transfer. Even so, nowadays are gone high have become the smattering associated with deep acne scar tissue treatment methods and merchandise accessible. The problem lies in locating which is handiest for you.

To provide several guidance, our company provides accumulated some research and possesses compiled a simple to comprehend break-down involving many of the most typical and efficient treating skin ablation presently in the marketplace.

Lazer treatments, skins and microderm are among the most frequent resurfacing tactics. This is a common introduction to the huge benefits and advisable limitations regarding some treatments.

Skins

One of several favored alternatives peddled by simply skin color professionals are generally peels. These kind of skins perform by flowing perilous chemical p on the skin, thus burning your scar tissue by the side of with tiers associated with pores and skin. After a few years, these burned up layers remove permitting brand-new pores and skin to replace it.

Retinoic acid chemical peels are best for the treatment of acne scar removal. Such a peel from the lime not merely is fantastic for scarred tissues, but in addition assists improve the signs of aging for example creases as well as liver spots. More powerful acids should be made if the acne scars are strong.

It despite the fact that highly sent will be filled using danger, high-priced, and facial appearance a risky regarding unwanted side effects.

Breakouts, irritability as well as infection is often frequently veteran too as greater pigmentation of your skin. Hefty times associated with healing are also required, where your brand-new by the side of with overtly delicate skin color needs to be guarded via sunshine and also other all-natural elements.

MICRODERMABRASION

Microderm items are also available from dermatologists by the side of with pores and skin professionals and they also work through corrosively scribing away the most notable cellular levels regarding epidermis by using small, sharp deposits.

These kinds of may be the mother nature by the side of with just about any utilization of harsh strategies there exists a risk of the thought triggering effects, especially to prospects with sensitive skin. The same while peels, your recovery time may possibly be long by the side of with Ultra-violet direct exposure is to be averted through the healing period.

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Normal Scarred tissues TREATMENT

Normal acne scarring remedy are generally an increasingly well loved answer. Needless to say, should you be one of these brilliant people and wish to buy the best from your scar salve, then make certain that it includes the proper gears.

Among the best substances you?ll find will incorporate increased stylish seed starting oil as well as snail serum. Both substances are designed for ?dissolving? scars as well as selling the increase of the latest epidermis cells.

They?re able to in addition increase the creation of collagen, which can be necessary to excellent for your health pores and skin. None rose fashionable seed gas not snail serum result in unwanted effects, which in turn generally means, they?re able to properly be utilized upon nearly all skin types.

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Source: http://www.topikoad.com/what-is-the-most-effective-deep-acne-scar-removal-technique/

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Wednesday, 28 March 2012

Ichiro Suzuki a hit in Japan as Mariners beat A's

Seattle Mariners' Dustin Ackley (13) is congratulated by teammate Ichiro Suzuki at home after hitting a solo shot against Oakland Athletics starter Brandon McCarthy in the fourth inning of their American League season opening MLB baseball game at Tokyo Dome in Tokyo, Wednesday, March 28, 2012. in Tokyo, Wednesday, March 28, 2012. (AP Photo/Koji Sasahara)

Seattle Mariners' Dustin Ackley (13) is congratulated by teammate Ichiro Suzuki at home after hitting a solo shot against Oakland Athletics starter Brandon McCarthy in the fourth inning of their American League season opening MLB baseball game at Tokyo Dome in Tokyo, Wednesday, March 28, 2012. in Tokyo, Wednesday, March 28, 2012. (AP Photo/Koji Sasahara)

Fans with a placard cheering Seattle Mariners outfielder Ichiro Suzuki watch the team's batting practice prior to the American League season opening MLB baseball game between the Oakland Athletics and the Mariners at Tokyo Dome in Tokyo, Wednesday, March 28, 2012. The placard reads: "The man who leads to victory." (AP Photo/Shizuo Kambayashi)

Seattle Mariners' Ichiro Suzuki (51) reaches first past Oakland Athletics first baseman Brandon Allen after hitting a single in the sixth inning of their American League season opening MLB baseball game at Tokyo Dome in Tokyo, Wednesday, March 28, 2012. (AP Photo/Shizuo Kambayashi)

Seattle Mariners rightfielder Ichiro Suzuki heads to first after hitting a single in the first inning of the American League season opening MLB baseball game against the Oakland Athletics at Tokyo Dome in Tokyo, Wednesday, March 28, 2012. (AP Photo/Shizuo Kambayashi)

Seattle Mariners' Dustin Ackley hits a solo shot against Oakland Athletics starter Brandon McCarthy as Oakland Athletics catcher Kurt Suzuki looks on in the fourth inning of their American League season opening MLB baseball game at Tokyo Dome in Tokyo, Wednesday, March 28, 2012. (AP Photo/Itsuo Inouye)

(AP) ? Ichiro Suzuki gave his fans in Japan a performance to cheer about.

Suzuki had four hits in his return home, Dustin Ackley homered and singled in the go-ahead run in the 11th inning, and the Seattle Mariners beat the Oakland Athletics 3-1 Wednesday night in baseball's season opener.

"It was very special to open in Japan," said Suzuki, who spent nine seasons in Osaka with the Orix Blue Wave. "I wanted to have fun and give the fans something at this special time and wanted to share a special moment with them."

Major League Baseball and the players' association are using the series to assist rebuilding in Japan following last year's earthquake and tsunami. A group of players and coaches traveled to the disaster zone on Tuesday to conduct a baseball clinic.

Felix Hernandez combined with two relievers on a six-hitter as MLB opened its season in Tokyo for the fourth time. The continent switch didn't help the A's, who became the first team to lose eight straight openers since Philadelphia from 1985-92, according to STATS LLC.

Seattle and Oakland complete their two-game series Thursday. The rest of the big league teams start to get going April 4, when the renamed Miami Marlins open their new ballpark against the World Series champion St. Louis Cardinals.

A capacity crowd of 44,227 at Tokyo Dome was a sea of flashbulbs every time Suzuki came to bat. He got a standing ovation when he took his position in right field in the final inning.

Dropped from leadoff to third in the batting order as he started his 12th big league season, Suzuki singled in the first when be beat shortstop Cliff Pennington's throw after his grounder over the mound was deflected by Oakland starter Brandon McCarthy.

Suzuki singled on a grounder to shortstop in the fourth, singled to center in the sixth and had an RBI single to center in the 11th.

"We're trying to stretch out the lineup and have the guys feed off each other," Seattle manager Eric Wedge said. "I think Ichiro hitting in the third spot is the right place. We're going to be a very offensive ballclub this year."

The 38-year-old Suzuki set a big league record with 10 consecutive 200-hit seasons before falling short last year.

"He's a hitting machine," said Oakland manager Bob Melvin, who managed Suzuki with the Mariners in 2003 and 2004. "It doesn't matter where he bats in the lineup. That's what he does ? hit."

Ackley homered in the fourth off McCarthy, and Oakland's Kurt Suzuki doubled in a run in the bottom half. The score remained 1-1 until the 11th, when Brendan Ryan doubled against Andrew Carignan (0-1), Chone Figgins sacrificed and Ackley singled to center.

"I was able to put a good swing on that one," Ackley said. "Our team is off to a good start, and that's all that matters."

Jerry Blevins relieved, Ackley stole second and Ichiro Suzuki singled for a two-run lead. Brandon League closed it out for the save.

Tom Wilhelmsen (1-0) got the win with two hitless innings.

Cuban defector Yoenis Cespedes, who signed a $36 million, four-year contract with Oakland, was 1 for 3 with a seventh-inning double and two strikeouts in his major league debut.

Hernandez, coming off a 14-14 season, allowed five hits in eight innings, struck out six and walked none, throwing 104 pitches.

McCarthy gave up one run and six hits in seven innings with three strikeouts and no walks.

While Oakland threatened repeatedly, the A's were 1 for 14 with runners in scoring position.

"They got bigger hits than we did at the end," Melvin said. "We hit some balls hard, but they just didn't get in."

NOTES: It was 3:09 a.m. PDT when the game began. It was not televised live in the U.S. outside the markets of the teams involved, and was shown on a delayed basis by the MLB Network. ... Bartolo Colon starts Thursday the A's, opposed by Jason Vargas. ... The New York Mets and Chicago Cubs opened in Tokyo in 2000, followed by the New York Yankees and Tampa Bay (2004), and Boston and Oakland (2008). Seattle and Oakland had been scheduled to play at the Tokyo Dome in March 2003, but the series was scrapped because of the threat of war in Iraq. ... A pregame video presentation honored victims and survivors of the March 11, 2011, earthquake and tsunami. The video was narrated by Derek Jeter, Bobby Valentine and Cal Ripken Jr. ... The eight straight losses in openers is an A's record, one shy of the major league mark shared by the New York Giants (1893-1901) and Atlanta (1972-80).

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-03-28-BBA-Athletics-Mariners/id-72edf74d7c3d46509a9519f13968fd8e

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Past decade's extreme weather is manmade, new study suggests

Extreme rainfall and heatwaves over the past decade have been linked to global warming in a new Nature Climate Change study. The relationship between storms and warming is less clear.

Extreme weather events over the past decade have increased and were "very likely" caused by manmade global warming, a study in the journal Nature Climate Change said on Sunday.

Skip to next paragraph

Scientists at Germany's Potsdam Institute for Climate Research used physics, statistical analysis and computer simulations to link extreme rainfall and heat waves to global warming. The link between warming and storms was less clear.

"It is very likely that several of the unprecedented extremes of the past decade would not have occurred without anthropogenic global warming," said the study.

The past decade was probably the warmest globally for at least a millennium. Last year was the eleventh hottest on record, the World Meteorological Organisation said on Friday.

Extreme weather events were devastating in their impacts and affected nearly all regions of the globe.

They included severe floods and record hot summers in Europe; a record number of tropical storms and hurricanes in the Atlantic in 2005; the hottest Russian summer since 1500 in 2010 and the worst flooding in Pakistan's history.

Last year alone, the United States suffered 14 weather events which caused losses of over $1 billion each.

The high amount of extremes is not normal, the study said.

Even between March 13 and 19 this year, historical heat records were exceeded in more than 1,000 places in North America.

For some types of extreme weather, there are physical reasons why they would increase in a warming climate. For example, if average temperature rises, then so will the number of heat records if all else remains equal, the study said.

Natural weather patterns like El Nino or La Nina can also cause highs in global temperature or increased precipitation which leads to floods.

"Single weather extremes are often related to regional processes, like a blocking high pressure system or natural phenomena like El Nino," said Stefan Rahmstorf, co-author of the study and chair of the institute's earth system analysis department.

"These are complex processes that we are investigating further. But now these processes unfold against the background of climatic warming. That can turn an extreme event into a record-breaking event."

Recent years have seen an exceptionally large number of record-breaking and destructive heatwaves in many parts of the world and research suggests that many or even most of these would not have happened without global warming.

Currently, nearly twice as many record hot days as record cold days are being observed both in the United States and Australia, the length of summer heatwaves in western Europe has almost doubled and the frequency of hot days has almost tripled over the period from 1880 to 2005.

Extremely hot summers are now observed in about 10 percent of the global land area, compared with only about 0.1-0.2 percent for the period 1951 to 1980, the study said.

The link between storms and hurricanes and global warming is less conclusive but at least some of recent rainfall extremes can be attributed to human influences on the climate, it added.

Source: http://rss.csmonitor.com/~r/feeds/science/~3/9_UsFHovrL4/Past-decade-s-extreme-weather-is-manmade-new-study-suggests

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Tuesday, 27 March 2012

Commercial Mortgage Lender Explains Credit Tenant Lease (CTL ...

My definition with creative loans entails a couple necessary key components. First the seller is willing to cooperate with the customer. Secondly, there does exist equity inside property. If you are a customer or company and you intend to make some sort of transaction happen good value in the property let us know. We might employ the DPA application or some other programs to ensure this can be a win : win circumstances for both buyer together with seller.
.
Credit Tenant Lease (CTL) Financing is a unique business mortgage loaning platform designed to finance your purchase, refinance together with development of single tenant, triple web (NNN) rented, buildings. The buildings may be retail, business office, industrial or warehouse; CTL loans can be written with any real estate as long as it?s occupied by a ?credit tenant?.

When considering CTL loaning, a credit tenant means a business entity containing earned an investment grade credit rating from that major rating agencies. Typically, any company rated lower than BBB- (three-way B without) as a result of Standard & Poors and Baa3 just by Moody?s, is not really be considered investment score and would not qualify with regard to CTL financing.

CTL loans are very different as compared to traditional commercial home loans. Lenders which originate CTL financing are primarily concerned with the structure of the lease and the strength of the tenant rather than the value with the real house or your credit in the borrower. CTL lenders count this lease and the income it generates as the main collateral backing that loan. This is a distinct change as-compared to standard commercial real estate lending and represents a unique perspective in real estate finance.

CTL lending is possible as a result of popularity associated with NNN rents among robust corporate tenants. When a landlord executes a true or ?absolute? NNN lease which has a good tenant, he has not many management and also operational responsibilities. The tenant strengthens everything from paying the utility bills to keeping the constructing, even large the property market issues, which include repaving your parking great deal or replacing the HEATING AND COOLING system are all the responsibility of the tenant, not the stretch of land owner. Consequently a lender which has a lien against a NNN leased property additionally needn?t feel concerned much about the building; even if plants repossess it in a foreclosure, they won?t ought to actually operate it. For complexes with long term NNN leases and terrific tenants, it only is sensible that loan companies focus mainly to the lease.

Because of the straight-forward nature of CTL loans loans amounts are generally larger as compared to other institutional funds. Many CTL lenders is likely to make no restrictions on loan-to-value and loan-to-cost but will write maximum possible financial loan. The only condition on the length of the loan is that rent accumulated must covers the mortgage payment. Most CTL lenders require a minuscule debt-service-coverage (DSCR) ratio of only one. 01%-1. 05%.

Speed of execution is another benefit of CTL funds. It just takes 45-60 times, from set out to finish, to complete a CTL transaction. Bank financial loans, on-the-other-hand, are notorious internet marketing long, drawn out bureaucratic affairs.

Direct Commercial Funding, Direct Commercial Funding, Direct Commercial Funding

Source: http://dominbenito.com/2012/03/26/commercial-mortgage-lender-explains-credit-tenant-lease-ctl-financing/

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Thursday, 1 March 2012

You're Headed to Court?Now What? - Construction Connection

By Eugene Heady

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser?in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough. ~Abraham Lincoln

Claims and disputes in the construction industry are commonplace.? Unless you successfully avoid or resolve project disputes as they arise, you may find yourself embroiled in litigation and headed to court.? If you are sued, the actions that you take when you first learn of the lawsuit can determine whether you obtain a quick and inexpensive resolution of the dispute or whether you get stuck in a prolonged and expensive legal battle.

If you are sued, the actions that you take should include the following:

  • Hire a seasoned Construction Lawyer. Claims and disputes involving construction projects tend to be technically complex and factually intensive.? If sued, it is very important to hire a lawyer who knows the construction trade.? I encourage you to read the following article: ?Does Your Lawyer Know the Difference Between Cement and Concrete?? Points to Consider When Selecting and Hiring a Construction Lawyer.? In both state and federal courts, the deadline for filing your written answer to a lawsuit is relatively short.? You will need to act quickly to retain a lawyer to represent you in the litigation.? Ideally, you should work on developing a professional relationship with a good construction lawyer long before you are sued.
  • Contain the conflict, don?t inflame it. Filing of a lawsuit should not signal that it is time to take off the gloves and commence with a knock-down, drag-out, bare-knuckled fight.? Frequently, lawsuits are filed before a project is completed and involve multiple defendants.? You may find yourself in a situation where you have to continue to work together with the plaintiff and co-defendants in order to complete the project.? Keep in mind that the filing of a lawsuit is simply one step along the way in resolving a dispute.? Ultimately, the dispute will be resolved whether by agreement, by a judge, or by a jury of your peers.? Recognize that it is prudent to quickly identify how best to contain the conflict, resolve the dispute cost-effectively, and minimize its impact on the project, on your business and on your personal life.
  • Make sure that the plaintiff has complied with all contractual alternative dispute resolution (ADR) procedures. Has the plaintiff signed a contract that requires mandatory mediation or arbitration or incorporates by reference any other document that requires mediation or arbitration?? If ADR is required by the contract, was the contractual ADR process followed?? If not, you will need to move quickly to ask the court to stay the litigation (temporarily or permanently stop the litigation) to allow the ADR process to be completed.? If you engage in litigation activities without asserting your right to arbitrate the dispute, you will risk having the court find that you have waived your right to arbitrate.
  • Identify, calendar and meet all deadlines. When a lawsuit is filed, there will be a relatively short deadline for filing an answer.? Sometimes discovery requests are served together with the complaint, such as requests for the production of documents, requests for admissions, or interrogatories (written questions that require written responses under oath).? Make sure to calendar all deadlines for responding to discovery requests.? Note that a failure to provide timely responses to requests for admissions can severely impact your case.? Also, consider whether there are other deadlines that need to be calendared and met.? Have deadlines for claims on bonds (check both the bond and any relevant statute) or filing mechanic?s liens been met?? Are there time limits for tendering the case to others for indemnification, defense or insurance coverage?? Are there statutes which limit the time for you to join others who may be responsible for the damages alleged by the plaintiff?
  • Get organized and preserve evidence. Once you learn of the lawsuit, you should quickly establish protocols for preserving all potentially relevant evidence.? Immediately put a hold on the routine destruction of paper documents or the automatic deletion of electronic files, including email messages.? If you are using any software that automatically deletes electronically stored information, shut it down.? The destruction of relevant electronically stored information can result in the court imposing very severe sanctions.
  • Identify and gather all key documents and identify key witnesses. Identify and gather copies of all relevant documents.? The contractual agreement and all related contract documents are often the most important documents in litigating a construction dispute.? Make sure that you have identified and gathered all relevant documents that may be incorporated by reference into the contract.? Other important documents include correspondence, email communications, notices of claims, lien waivers and releases, surety bonds, change orders, change order requests, daily reports, requests for information, progress photos, job diaries, and project schedules.? In addition to marshaling the documents, you should identify key witnesses and consider coordinating early witness interviews by the construction lawyer when the facts are fresh on the minds of those individuals with the most knowledge of the underlying dispute.
  • Engage experts. If the dispute involves a project site condition or physical evidence that may be altered or destroyed, then consider engaging an expert immediately.? An expert who is given an opportunity to conduct a timely site visit and fact investigation and examine the evidence when things are fresh will be much more credible at trial than an expert who has only had the opportunity to review a cold record.? The expert can also assist the construction lawyer in the preservation of evidence and in the early identification of key facts and issues that may otherwise be overlooked.
  • Identify others who may be potentially responsible for the alleged damages. Assist your construction lawyer in the fact investigation.? You may find it helpful to outline the respective rights, responsibilities and scope of work of all parties involved in the litigation as well as any non-parties who may be responsible for the damages that are alleged in the lawsuit.? By doing so, you may conclude that there are co-defendants involved whose interests are aligned with yours.? If so, you may be able to agree on a joint defense and coordinate your efforts to be more efficient and effective.? In addition, because there are so many participants on a construction project, the fact investigation may reveal that there are other potential defendants who are responsible for some or all of the alleged damages.? You may conclude that you need to join non-parties in the litigation.
  • Tender Claims for Indemnification and Defense. Construction contracts and subcontracts oftentimes contain detailed indemnification and defense provisions that may be implicated by the events leading up to the lawsuit as well as by the filing of a lawsuit.? Insurance and bond coverage may be implicated as well.? Review all relevant contractual agreements, insurance policies, payment bonds and performance bonds to make sure that any required notices have been given.? Determine whether there are insurance policies provided by others that name you as an additional insured.? If another individual or business entity is required to defend the lawsuit, make sure that you provide a timely tender or demand that a defense be provided.? A timely tender or demand is important because your right to recover defense costs and attorneys? fees could be limited to costs and attorneys? fees incurred after the tender or demand is made.
  • Understand your BATNA and develop a parallel settlement strategy early. Engage in settlement discussions early and often.? Contrary to popular belief, seeking to settle a dispute amicably is not a sign of weakness.? A negotiated settlement based on a principled negotiation is oftentimes the best business solution for a construction dispute.? From the time that litigation is threatened or commenced you should ask yourself what is your Best Alternative to a Negotiated Agreement.? The answer to this question is called your BATNA.? Discuss your BATNA with your construction lawyer.? Once you and your lawyer understand your BATNA, you can then develop a sound settlement strategy that can be pursued to resolve the dispute early, thereby avoiding much of the expense of litigation or arbitration.? If you understand your BATNA early on, you can develop and confidently pursue your ?settlement strategy? in parallel with developing and executing your ?litigation strategy?.

On a construction project of any complexity, disputes are often the rule?not the exception.? During the lifetime of most construction companies, it is likely that the company will become embroiled in a claim or dispute that cannot be resolved outside a courtroom.? The above list of actions to take when sued is not exhaustive, but will provide a good starting point for your initial discussions with your construction lawyer.? Remember that it is best to avoid construction claims and disputes from the beginning of a project and prudent to resolve claims quickly and efficiently if and when they do arise.? Every seasoned construction professional should understand that avoidance or a quick resolution of disputes is often crucial to the economic success of the project.? To avoid the courthouse, consider including an experienced construction lawyer on your project team at the front end of a project.? Otherwise, get an experienced construction lawyer involved at the very first sign of trouble to help you manage and contain the dispute and avoid the courthouse.

? Smith, Currie & Hancock LLP

Eugene J. Heady is a Partner in Smith, Currie & Hancock?s Atlanta office.? Smith, Currie & Hancock is a national law firm focusing on construction law, government contracts, environmental law, and commercial litigation.? Gene has over 30 years of experience as a problem solver in the construction industry.? Following a successful career in the construction business, Gene began practicing law in 1996.? He represents and assists owners, general contractors, builders, subcontractors, suppliers, architects, engineers, designers, sureties, real estate developers, and manufacturers in avoiding and resolving disputes related to construction projects throughout the continental United States, Alaska and the Caribbean.? His work involves private, local, state and federal government contracts and commercial, industrial and institutional construction projects.? Gene literally grew up in the construction industry; his father was a successful electrical contractor.? Unlike most construction attorneys, Gene has hands-on experience.? Gene has worked with the tools, at the drafting table and at the helm of a construction company.? In 1981, Gene earned a B.S. degree in Engineering from the University of Hartford, majoring in Electrical Contracting.? Before law school, he worked in the electrical construction business as a project engineer, project manager, and construction business owner.? Gene is a prolific writer and has published numerous works related to the construction industry.? He is also a frequent lecturer on construction law topics.? Contact Gene at gjheady@smithcurrie.com or directly at 404-582-8055.

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Source: http://www.constructionconnection.com/blog/features/you%E2%80%99re-headed-to-court%E2%80%94now-what/

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Home Based Business Opportunity

The Internet is like a magnet to folks looking for a way to break free of the normal income producing chains of going to a JOB on a daily basis. For many it is the chance to have wealth and freedom normally only afforded to a small percentage. Why not? Good for them! It?s time some of us small guys got a fair chance at living the American Dream.

You can see the demand for home based Business Opportunities just by looking at the phrases being searched for on a daily basis. They are phrases such as home based business, home based business opportunity,
start home based business, best home based business, home based business idea and Internet home based business. These are just a few of the many ideas being researched on the web daily.

There are many types of online business. Some want to perform some work from home utilizing programs such as, Data Entry, Type At Home or Paid Surveys, just to mention a few.

Others want to have a legitimate Online Web based Home Business.

That is what I?m going to talk about today. An online web based business. What?s it really take to create and maintain a working online web business? Here are just a few ideas:

* Business System

* Web Site Creation

* Products & Services to offer potential customers

* Web Site Marketing

* Web Site Maintenance

Here are a few key areas that need to be considered:

Business System ? If you have never created and maintained an online web site this can be very time consuming. It?s important to have a business plan before you get started so you keep your eyes on achieving your long-term goals. It?s important to ensure that all your efforts are headed toward your long-term goals.

If you don?t have a plan then it easy to get distracted, overwhelmed, pulled in the wrong direction and not see the forest for the trees. One needs a system that works, one that is time proven and can be duplicated, thus minimizing your time and efforts, otherwise it can be a long drawn out process.

Web Site Creation ? I had never created a web site before so I know I really did not think I would be able to do it on my own. It can be very expensive to have someone else do it for you, not to mention the expense and time constraints that come into play when modifications need to be made.

Products & Services ? You will need to have a product and / or service that your online visitors desire. You also need the ability to be flexible and the ability to make changes in a timely manner.

Web Site Marketing ? How are you going to get people to your site? Well there are many ways. You can use Fliers, Business Cards, Article writing, work of mouth, Emails, online forums and (PPC) Pay Per Click advertising.

Web Site Maintenance ? You are someone else will need to make changes at a minimum on a weekly basis. You will also need to monitor your site and the effect any changes will have.

When evaluating each one of the above topics one can quickly see that there are many sub topics that would need to be defined as well.

I believe to be successful it is beneficial, if possible, for the web site owner at minimum be able to make minor changes to his or her online web site. Why, because it forces us to have an understanding of the inner workings of our web page.

I felt it was important to find an Online business system that would help me through the process, so in the end, I would be in control. I figured if I were able to create my web site, market it and maintain it I would have a sufficient understanding thus a better chance of my business being successful. Call me a control freak, but I?ve always been that way. I need to understand how things work.

Please feel free to read more of this article by visiting my link in the resource box below. I always enjoy getting emails pertaining to my articles or my site. Your feedback is important to me.

Source: http://www.1directory.net/internet-and-businesses-online/home-based-business-opportunity-9426.html

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