August 29, 2022in Construction

Staying Protected Against Construction Disputes

Construction disputes can arise for a number of reasons, from disagreements about the quality of work to issues with payment. If you’re involved in a construction dispute, you may need legal help to resolve the issue.

Some common types of construction disputes include:

Disputes about the quality of craft: If you believe that the work completed on your construction project is not up to standard, you may have a dispute with the contractor or builder. You’ll need to prove that the work was not completed as specified in the contract and that this has resulted in financial damages.

Payment disputes: Payment disputes are one of the most common construction disputes. Conflicts can occur when a contractor or subcontractor has not been paid for work completed or when there is a disagreement about the amount of money owed. Payment disputes can also arise when the owner or developer withholds progress payments.

Disputes about the delay: Construction projects often experience delays, but if the delays are significant and result in financial damages, they can lead to conflicts. Delay disputes can be caused by several factors, such as bad weather, material shortages, or problems with the project’s design.

Construction defects: If you discover defects in your home or business construction, you may have a dispute with the builder or contractor. Construction defects can include structural problems, leaks, and electrical issues. You’ll need to prove that the defects are severe enough to cause financial damages.

How to Resolve and Prevent a Dispute:

Communicate: Disputes can arise when either party fails to create or maintain communication. Both parties should share their ideas and expectations of a project during construction to ensure miscommunication does not happen.

Keep records: Make sure you have everything in writing. Information you should write down includes letters, emails, photos, diaries, notices, and even specific conversations or any changes or agreements made after the initial project has started. Keeping these records in writing helps keep both parties responsible for any agreements.

Have Clear Payment Terms: Your contract should state the dates on payments that need to be made by a specific date, any issues with payments, and when the payments are released.

Negotiate: This is the easiest, least expensive solution both parties can do before moving to other forms of resolutions.

Go to Mediation: Mediation is when both parties add a neutral third party to help resolve a dispute or issue. Mediation is not legally binding but is an effective way to dispute a situation before it worsens.

Arbitration: Another form of resolution where a neutral third party is involved, but unlike mediation, the arbitration will give a final verdict to a conflict. Arbitration is also more expensive than mediation and can also be legally binding.

Litigation: Litigation is a legally binding resolution that is the most complex and costly. Litigation can be very slow moving, so try to resolve the issue with a more uncomplicated form before this.

If you’re involved in a construction dispute where you cannot agree, it’s vital to seek legal advice as soon as possible. A lawyer with experience in construction disputes can help you understand your rights and options and will work to resolve the issue in a timely and effective manner. Contact Penrod & Swenson for all contractor disputes.

August 22, 2022in Motorcycle

What to do in the Case of a Motorcycle Accident

Motorcycle Care- Keeping Yourself Safe While Riding

Motorcycles are loved by many. Motorcyclists have various reasons why they love to ride. Between passion, speed, friendships, and fun, there is a surge of thrill and adrenaline when riding. Motorcycles require alertness and maintaining focus while you can feel the air pass through you and experience different smells of the earth. Riding, however, can also put the rider in danger. Whether it is another car not paying attention or feeling like you can pull something off, you must be aware of the risks and safeties of riding.

What are the most common motorcycle injuries?

The most common motorcycle accident injuries include lower-extremity injuries. Lower-extremity injuries are injuries that occur below the waist. Your legs and pelvis withstand more impact from a collision due to the position on the motorcycle. Depending on how severe of an accident, this injury may lead to the victim becoming disabled or unable to walk or move for an extended period. The second most common motorcycle accident injuries are upper-extremity injuries. Upper-extremity injuries include the abdomen, arms, neck, and face. Upper-extremity injuries can occur more depending on the motorcycle’s size, the rider’s age, or the space the bike takes up, creating a greater risk of hitting structures like other cars or barriers. Upper-extremity injuries can lead to broken bones, prolonged treatment, or brain damage.

What can the motorcyclist do to prevent accidents?:

Always wear protective gear. Only 60% of motorists actively wear protective equipment. Equipment includes a helmet, eye protection, long pants, a quality jacket, full-fingered gloves, and closed-toe shoes. Protective gear can be warm in the summer but helps protect your body during accidents when making contact with the road or surrounding items. Wearing protective items can reduce injuries by up to 73%, and armored protective gear can reduce the risk by up to 90%.
Never drink and drive. Although this applies to all vehicles but is even more important while driving a motorcycle. Alcohol is known to slow reaction times and judgment. While operating a motorcycle, alcohol will create issues with balance and coordination.
Never share lanes with a car or ride between traffic. Drivers will not expect to share a lane with a motorist while driving. A vehicle may not see you in their blind spot or may open a door or pull out in front of another car, not seeing you leading you to crash into it.
Observe the rules of the road. Slow down and take all the precautions that you can. Although many factors are outside your control, make sure you make intelligent decisions and stay alert while driving.

What happens if an accident occurs?

If you have been injured in a motorcycle accident that is not your fault, you may be compensated through a personal injury lawsuit against the negligent driver. Typical settlements in motorcycle accidents include:-Medical expenses: Medical expenses are the most common settlement in motorcycle accidents, including hospital bills, doctor’s visits, and prescription costs. Lost wages: Lost wages are the second most common settlement in motorcycle accidents., including lost wages from being unable to work due to injuries. Property damage is the third most common settlement in motorcycle accidents, including damage done to the motorcycle or any personal property damaged in the accident.

When dealing with a motorcycle injury accident, it is crucial to reach out to an expert attorney as soon as possible. An expert attorney, such as Penrod & Swanson, will gather evidence, reach out to witnesses, and negotiate low-ball sums from insurance companies or rejections for a settlement. Reach out to Penrod & Swanson to handle your motorcycle accident claims. Call us at (208)904.0075.

August 15, 2022in Police Misconduct

What to Do After Becoming a Victim of Police Brutality

Every day, relationships are broken between civilians and police who abuse their power. Most police offers are loyal to their jobs and want to protect their communities. However, this is not always the case. If you have been the victim of police misconduct or brutality, you can take steps to protect yourself and your rights. Know that as a civilian, you have certain protections against police brutality. Police who break the rules and regulations or commit illegal or inappropriate actions can violate state, federal, or police rules and regulations.

What is Police Brutality?

Police brutality refers to the use of excessive force by police officers. Forms of brutality include physical force, verbal abuse, or sexual assault. Other forms of misconduct include racial abuse, torture, or the use of riot control agents against civilians. If you have been the victim of police brutality, it is essential to document what happened. Documents include taking photos or videos of injuries and getting witness statements from anyone who saw what happened. Below we will address more ways to protect yourself by documentation.

What should I document?

Documenting what has happened and what you have requested is crucial when being a victim of police misconduct. Police officers serve the community and are responsible for seeking help for the victims they have hurt as long as it does not put them in danger. Sadly not every officer will do the right thing and withhold medical attention to victims. Here are some items you should document to protect yourself.

Document the name, badge id number, police department, and officer who hurt you.
Names, ids, department ids, officers, or witnesses who saw the incident.
Dates, times, and locations of the incident. Anywhere you were placed or put in between or after the incident.
Photos of any injuries.
Locate and document any buildings in the area that may include video surveillance of the incident. (It is vital to get legal representation immediately to ensure the police department does not delete the videos).

Who should I contact?

It is also important to contact a lawyer who specializes in police misconduct cases. They will be able to help you understand your rights and options and can help you get the compensation you deserve. A lawyer specializing in police misconduct can stay ahead of the game assuring police departments do not destroy evidence of a scene or sweep anything under the rug. They will also fight for appropriate action to be taken against the officer. They can prove signs against discrimination, illegal motives, illegal tracking, segregation, or unethical conduct of a police officer connecting to their duties. Hiring a professional can also ensure financial compensation for property damage, medical treatment, and wage losses due to police misconduct. A lawsuit may also grant monetary compensation. Contact Penrod and Swenson now for your legal consultation today.