Category Archives: legal issues

The Family Law Representation You Will Never Find Anywhere Else In Salt Lake City

We offer quality service that is tailored to meet any family law representation need that you may have. The practice areas we specialize in include juvenile court actions, custody, divorce, and support. Our dedication to serving our community, our belief in making quality legal services affordable and accessible, and our experience make us a team of hardworking, compassionate advocates. We will be glad to serve you.

As family law attorneys Salt Lake City we have over 35 years’ experience in the settlement of:

  • Family Law, Paternity, and Divorce
  • Support
  • Custody
  • Paternity
  • Premarital agreements
  • Separation
  • Divorce
  • Divorce settlement modification
  • Motions if a parent moves away
  • Juvenile court actions
  • Grandparent rights
  • Alimony
  • Divorce

When the bonds of marriage are broken, you need the best legal representation on your side. As family law experts, we represent clients in all areas of divorce. Property, support and custody issues are often clouded by emotions in divorce proceedings. We protect your financial and legal interests while helping you handle the emotional issues. This method ensures that you leave the marriage with an equitable and fair resolution.

We recognize the pain, and emotional trauma individuals suffer during a divorce. For this reason, we give our clients the experience and time required to guide them through this difficult experience.

Child Custody
We represent clients in visitation, custody and parenting time matters. We guide clients in the enforcement, design and modification of parenting time, visitation and custody orders.

Complex Property Division
We fully understand the circumstances and unique challenges that may arise in dividing marital property and how to resolve issues quickly. We use experts in high-asset divorce cases, including forensic accountants and valuation experts. We have the experience and skills to identify potential issues and create a strategy to serve the individual needs of our clients.

Our Commitment to Our Clients
From the moment a member of our legal team begins toe process of representation, a partnership is formed and all your legal issues become our own. We have earned a reputation as determined, hardworking and responsive to the needs of our clients. Through effective communication, we keep you updated on the status of your legal affairs, and we have the necessary  experience to get results.

Our Attorneys
Our attorneys are respected for successfully representing clients in need of family law services, separation maintenance, divorce, child support, custody,visitation and paternity. There name is well recognized as “the” family law attorneys in Salt Lake City. They have handled hundreds of cases involving complex and difficult issues in various courts. They have appeared and won cases in Courts of Appeal and the Supreme Court.

 Professionalism, Knowledge, and Cost-effectiveness
We offer you the advantages of a highly focused, small-sized law firm, but with the benefits of a national law firm experience. Our clients receive high-quality, sophisticated, intense legal representation, at affordable rates.

We always endeavor to reach a cost-effective, fair resolution. In every case, our attorneys aim to bring about a civilized and quick resolution. When it is not possible to accomplish that, we offer professional legal representation. We have developed a reputation in attending to the individual needs of our clients and as experts in family law.

We have an unparalleled philosophy in handling issues in the area of family law. We believe that all clients deserve the best legal representation and individual attention. Based upon the philosophy we have created a respectable law practice and receive several referrals from satisfied clients.

Community Involvement

We believe that we should make a contribution to the transformation of our community. We understand that lawyers can provide assistance in various areas. That is why our attorneys are also involved in social welfare activities.

As a small legal firm, we offer a personalized legal services. Call us now at 801-322-8879 for a free thirty minutes consultation or email us and one of our attorneys will make time to see you for a no cost consultation.

Legal Issues of Offshore Outsourcing to India

Laws in India are always undergoing amendments, according to the needs of the changing times and in unison with International Laws and practices.

India has ratified the World Trade Organization (WTO) Agreement, which came into force on January 1 st 1995 and has also become a party to the Agreement on Trade Related Intellectual Property Rights. In the last few years, India has effected several legislative changes in copyrights, trademarks, designs, patents, and other issues besides enacting new legislations on bio-diversity and geographical indications. These measures have drastically reformed Indian laws on Intellectual Property.

Laws Governing International Contracts

When contracts transcend national boundaries, the national Legal Regime of any single country becomes inadequate to grapple with the situation. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of Private International Law come into play.

The best way to ensure the application of a particular legal system to international contracts is to choose a particular law to govern this contract. This law is called the “Proper Law of the Contract”. The Courts have held that “Proper Law is the law which the parties have expressly or impliedly chosen, or which is imputed to them by reason of its closest and most real connection”.

Indian courts uphold choice of law

When the parties in the Contract make an express choice of law, the Indian Courts have always recognized such choice of proper law. Previously in the US , though Courts generally honored the law chosen by the parties, the same was limited due to the holding that there should be some “reasonable relationship” between the transaction and the chosen law. This created some uncertainty. This legal quandary was fully removed by the New York General Obligations Law, which became effective on July 19 th 1984. According to Section 5-1401 of the said Law, parties are given freedom to select New York as their proper Law regardless of any relation to New York . However, where parties have chosen any law other than Indian Law, the choices of law have always been upheld by the Indian Courts.

Outsourcing parties are free to choose the law that will govern their contracts.

Under Indian Law, parties are free to stipulate their terms of contract and lay down the law by which the Contract is to be governed. Courts in India have held that the intention of parties would decide the law of which country would govern the Contract and which Court would have jurisdiction. Sections 13, 15 and 44A of the Indian Civil Procedure Code and Section 41 of the Indian Evidence Act, govern the conclusiveness and enforcement of foreign judgments in India . If there is a reciprocal arrangement between India and the foreign country whose judgment is sought to be enforced, then under section 44A of the Indian Civil Procedure code, the said foreign Decree could be executed as if it were a Decree passed by the Indian court without the need to file a Suit. If there is no reciprocal arrangement between the foreign country concerned and India , then the said Judgment/ Decree can be enforced in India by filing a Suit on the foreign judgment.

Guidelines to follow while entering International Contracts
Companies enter into International Contracts, as they are always profitable. The following aspects should be considered while entering into International Contracts, which would safeguard the interests of all the parties to the Contract:

o There should be an express choice of Law governing the Contracts.

o Ensure that the legal regime of the Country whose law is chosen, recognizes the proper law for enforcement.

o In cases where Contracts are signed in a country which is different from the country whose law is chosen, it should be ensured that the formal requirements of that place of Contract are fulfilled in all respects.

o Where the chosen Law is Indian Law and if Indian Judgment is to be enforced on any foreign soil, ensure that the said foreign soil has a similar law on the lines of Section 44A of the Indian Civil Procedure Code.

o Where Arbitration is chosen as the method of dispute resolution, the place of arbitration and other aspects have to be properly determined.

Drunk Driving – Criminal Versus Civil Legal Issues

Driving while drunk is a seriously bad maneuver for a host of reasons. You will learn as much if you are involved in an accident while driving drunk. Such an accident will raise the issue of criminal versus civil legal issues you’ll have to deal with in court.

There is a certain fear factor used to deter drunk driving. The fear is created by the threat of harsh penalties. The penalties range from jail time to massive fines. These penalties are all related to criminal legal actions. What is not often discussed is the fact civil actions can arise from drunk driving situations. Let’s take a look at an example.

You go down to the local watering spot to watch the big game. The game takes three hours and you consume a number of adult beverages during this period. In fact, you are legally drunk. You hop in the car to drive home. You fall asleep at the wheel and run into someone else. They are taken away to the hospital and you are taken away to jail. You later learn they suffered whiplash, but are otherwise okay. So, what now?

The first thing that is going to happen is pretty much what you would expect. You are going to be charged with a DUI and a host of other charges related to it. Depending on the state, you may well be charged with a Felony DUI since an accident occurred. You’ll need to hire an attorney, which is going to cost a pretty penny. You are probably going to be convicted or forced to take a plea bargain deal. This means facing everything from large fines to jail time. Basically, it is going to be a nightmare scenario, but there is more to consider.

The driver of the car you hit is going to be very unhappy as you might imagine. That person is going to sue you in civil court. Your car insurance will provide for your attorney and some money towards damages, but you are going to be responsible for the rest of any judgment. With massive car damage and physical injuries, the judgment is going to be in the tens or hundreds of thousands of dollars. This is on top of what you already spent in the criminal action.

The total cost of a DUI in both criminal and civil actions will wipe out most people from a financial perspective. Filing bankruptcy is a very common step following the cases. The next time you consume adult beverages, just spend the money on a cab. It simply makes financial sense.

Legal Issues In Repossession

People facing repossession as well as those in the repossession business have a lot of legal issues to deal with. The laws regarding repossession vary from state to state, making it especially important to know what can and can not be done in an instance of repossession.

Repossession happens when a consumer owes on a tangible product on which they are in default. These are loans in which the product purchases is also the collateral; a car, for instance. Since these purchases are a form of loan, the buyer does not actually own the item until the loan has been repaid in full. In legal terms, the lender is the owner until that time. This means that the lender can take possession of the item without going to court if the borrower is in default.

In most of these states, these are the legal issues that regulate the process of repossession:

• The borrower must be informed that the outstanding loan is in default and it must be spelled out in the loan agreement itself that defaulting on a specified number of payments will result in the lender taking action to repossess the item in question.

• Those carrying out the repossession are not permitted to commit any act that is illegal in the course of carrying out repossession. They cannot illegally gain entry to a garage, house or other property in order to take possession of the item.

• The repossession agent or company is not permitted to cause any damage in the course of repossession. They cannot remove items from walls, damage cabinets or anything else in a kitchen while, for instance repossessing a stove.

• The creditor or the repossession agents cannot repossess any property or threaten to repossess any property other than that which the borrower actually owes money on. They cannot, for instance take possession of a boat that is on a trailer attached to a truck that is to be repossessed.

Under U.S. law, a repossession company or agent who violates these laws can see the repossession overturned in court and have to pay damages to the individual against who the repossession was carried out.

The Legal Issues of Customs and Importing Goods

When it comes to importation, you always have to look into the legal aspects of importing your goods and if your moves comply with the country’s rules and regulations. But the good news is there are only a few numbers of customs and importing regulations. But if you’re importing for the first time ever, the best recommendation is to use a broker. By doing so, things will easier for you in the long run, especially when you already know the necessary steps to product importation.
There may be times when you are purchasing from or the shipping companies themselves will be dealing with the importation forms on your behalf. If your imports are lighter than 150 lbs or 68 kg (this is the maximum weight that the shipping companies can handle), you can just pick these up at the post office. Have those customs duty paid. There may be times when you will be receiving a notification informing you that your goods are held up at a certain location and will only be released once the import duties are paid up. You will also be informed where and when the items can be picked up.
But, for sure, you will be importing heavier and larger goods than this. They will more likely be in container loads of half containers.
Limitations Set by Customs
Before ordering your products, you need to look into the restrictions and the necessary special licenses. Countries differ in their regulations towards restricted goods.
There may be countries that ban goods that you have already expected, such as drugs and chemicals. On the other hand, there are countries whose restrictions can leave you shocked. Just like in Italy, importation of shoes is disallowed. In Australia, you can’t also import cultural and heritage goods.

Here’s an important thing to consider. If you are thinking of selling your goods to International buyers, you must look into the Customs regulations of other countries.
Just visit the Customs’ websites for your country and the countries where you are planning to sell your items. If the information you’re looking for isn’t there or if it’s lacking, you can opt to contact Customs directly by phone or email.
•    USA http://www.customs.gov
•    Australia http://www.customs.gov.au
•    New Zealand http://www.customs.govt.nz/default.htm

Negotiating for a Contract

After finding a supplier for your product, you have to discuss a contract. The contract must tackle matters like the price per unit, packaging, how many items are to be loaded into each case, shipping terms and others. There is a lot of shipping terms which you confer with. But you must keep in mind that your contract will make the supplier take the greater risk on board more than you do.

Here are some of the most important shipping terms:
•    Ex-Works – Once the goods are no longer at the supplier’s doorstep, you will already be responsible for all the costs.
•    FOB – This means that at the supplier will shell out all expenses from the very beginning up to the Port of departure and the export fees as well.
•    CIF (Cost, Insurance & Freight) – Supplier pays the costs, insurance and freight charges for sending the goods up to the port of destination.
•    DDU (Delivered Duty Unpaid) – Supplier disburses an amount for all the costs incurred in delivering goods to the buyer’s door. This excludes the duties, of course.
•    DDP/CARRIAGE PAID (Delivered Duty Paid) – From the term itself, the supplier pays all the expenses including the duties as the goods are delivered on the buyer’s doorstep.
•    FOB (Freight on Board) – This is most common shipping term which pertains to the freight expenses to the point of loading.
Caution
There are few things you need to take into consideration because there are some terms which might get you confused, such as the following:
•    FOB factory (Freight on Board Factory) – This pertains to the payment of onward costs to the local port or airport which likely results to price increases. This usually happens if the company is located inland.
•    ‘CI&F’ or Cost, Insurance and Freight – Other than the FOB price, you are also given the insurance and freight costs. This way, you can come up with a good budget. Or if you’re fortunate, you can have the price paid up once it’s delivered to your door.
To gain more information on importing and exporting (especially when you’re a newbie), visit the Export 911 site at http://www.export911.com/e911/gateway/gateway.htm. This site offers you valuable information on the stages of the import/export process as well as the importing terms and requirements. From the domain name itself, this site is dedicated to exporters instead of importers. However, most of the terms and processes are the same. This site is aimed to make you use their services and so the processes involved are pertained in those terms.

Magnitude of Shipment

The cost of shipment relies on the volume you want to ship. It could come in a Full Container Load or a Lesser Container Load.
The standardized container sizes of full container loads come in 20 foot and 40 foot lengths and can hold whatever products you desire to load. The shipping costs already include the usage of the container. But if you are planning on making regular purchases, you may buy a container if you like. If the products are purchased from one supplier only, the container will be brought to the supplier’s location, filled up on site, conserved and gathered to be shipped to your country. If you’re purchasing from various suppliers, you can have all the goods delivered to your chosen freight agent who will be loading the products at their own location. To save more on money and labor, full container loads are great for shipping your goods. Aside from this, Export/Import processing and Handling & Haulage costs are easier on your budget since full container loads are considered as a single transaction.
On the other hand, if you are not importing products on a full container load, your shipment will be combined with the shipment of other companies that are going to be delivered on the same destination. The charges of a Lesser Container Load are computed by the volume your goods take up in cubic meters. In contrast to full container loads, Lesser Container Loads are impractical. Packaging, loading and unloading the products are can be very exhausting.
Proof of purchase and Documents
Once you have already negotiated with a seller (which already includes the shipping terms, price of goods and the type of packaging), the seller sends you a pro forma invoice. You will be paying these based on what has been agreed during the negotiations.
Generally, pro forma invoices are advance copies of the final invoice. These are necessary in applying for a letter of credit (L/C) and/or foreign exchange (import) allocation.
Once the items arrive, they are coupled with the commercial invoice. Similar to a sales invoice, the Commercial invoice clears the goods throughout the customs. The only difference is the Commercial invoice consists of particular details needed for export-import purposes. To see what a commercial invoice looks like, check http://www.export911.com/e911/export/docCI.htm#docCI.
Keep in mind that the invoice contains the things you wanted and have agreed upon. What the supplier wants is also on this invoice. Thus, you have to double check everything to minimize miscommunication.
Arrange your own shipping
If you prefer to have your own shipper, you can look for shipping companies in Google. When you do, obtain quotations from these shipping companies, so you’ll know what company to choose from. The best part is, you can definitely save around $100 and $500!

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Legal Issues Related to a Deathbed Will

A deathbed Will is a Will Last Will & Testament that is created and executed when the testator (the person distributing his/her property) is facing imminent death. There are several legal issues relating to a deathbed Will which can undermine the purpose of the Will. As a result, it makes sense not to wait until the last moments to declare your final wishes.

Basic Considerations

Circumstances may not allow the testator to use a printer for declaring his or her Will. Therefore, a handwrittenWill, also known as a holographic Will, is acceptable in some jurisdictions, including New York. However, to make a holographic Will legal, certain evidence has to be produced before the court. A report from a handwriting expert or signature match analysis can serve the purpose. Also, the Will should reflect that the testator was intending to declare the Will to be his or her Last Will and Testament. This is made possible by including statements such as, “I make this as my last Will and Testament” or “This is my last will.” Also, the Will should specifically contain information about property distribution among intended beneficiaries.

Legal Challenges to Deathbed Will

Since a deathbed Will is not always accepted as a valid legal instrument, beneficiaries can challenge the terms of the Will. Most often these Wills are challenged on the basis that the testator lacked mental capacity (due to illness or other issue) to make sound judgments. Such challenges usually lead to complicated legal cases which can continue for several months or even years.

A deathbed Will typically creates a catch-22 situation. Consult an expert estate planning lawyer to make sure that the Last Will & Testament follows laws applicable to the jurisdiction. This will also help to avoid any potential will contest or litigation after the death of the testator.

If you have any questions, please contact our office today.

4 Legal Issues Regarding Embalming

Embalming, as we know it today, is the art of temporarily preserving the remains of the deceased in order to slow the process of decomposition and prepare the body for viewing at a wake and/or funeral. One of the main purposes of embalming is to try to give the deceased a more life-like look so that viewing the remains will not be as emotionally upsetting to the mourners. Overall, embalming serves several purposes: temporary preservation, sanitization of the remains and restoration.

The Federal Trade Commission as part of “The Funeral Rule”has spelled out several important guidelines legal rules to govern funeral directors and embalmers in the practice of embalming. According to “The Funeral Rule:”

1. The funeral director must be forthright and disclose the fact that embalming is not a legal requirement. A trustworthy funeral director will always make sure that you know your options and are aware of any fees associated with embalming.

2. According to these legal guidelines, a funeral director may charge the grieving family a fee for embalming only when: Authorities or the law (either state or local) requires for some special reason embalming must be performed on particular remains. Reasons for this might be if the body is to be held for an unusually extended period of time or is in such a condition upon being found that, for health or legal reasons, the body must be preserved for further investigation into the death. In this rare instance, be aware that the funeral director is required to state clearly on an itemized bill that the embalming was performed because of a particular legal requirement.

3. Furthermore that itemized description must explain the reason that embalming had been necessary. This unusual circumstance is most frequently due to local or state guidelines and must be for a particular reason. Federal law still does not require embalming under any circumstances.

3.  The family of the deceased or the person planning the funeral has already given consent for the body to be embalmed. Unfortunately, “The Funeral Rule” does not stipulate which person is has the final say to give this consent. This is a family member and disputes become a matter to be governed by state or local law. In any event, the funeral director is obligated to obtain clear permission before undergoing the process of embalming. This approval must be expressly stated and cannot be simply implied.

4. In order to best and most clearly understand the family’s total consentin the decision to embalm, the funeral home must:

  • Ask specifically for their permission.
  • Not mislead the bereaved into thinking that embalming is required. While the family is making the funeral arrangements, the funeral director cannot tell a family that they’ll be charged for embalming regardless of the funeral that’s been planned. He cannot insist that embalming is a requirement nor can he simply assume that the family wants to have the remains embalmed.

It’s important to remember that simply because you’ve agreed to the funeral arrangements; it can’t be assumed that you’ve expressly consented to embalming. If the funeral director charges you for embalming without getting your express consent to the producer before it was performed, this is a violation of “The Funeral Rule” and should be brought to the attention of the Federal Trade Commission.

The best place to find latest legal update in India

There are many issues facing Indian as a country that Lawyers can address effectively. All over the internet you will find different websites dedicated to lawyers and their operations; a good example is Indian lawyers forum. It is a platform where different legal issues and important information that concerns the country are discussed. Forums aren’t the only place where you can get legal updates; there are in fact many of them online. Why do you need to get these update? The reason is that law and how it is interpreted may directly or indirectly affect you; and when things happen in your environment, you will need to check up these update to discover if there has been any important happening that could affect you. Where can you locate these places to receive update and how it affects you is what this article is about.

Why check updates?

There are many challenges facing India as a country and if you live in India or are an Indian you will be affected one way or the other. Therefore, to avoid being caught unawares, checking different website to read about updates is very important.  A good example of challenges in India is the issue of women empowerment; what does the legal system says about it? If you are a woman the outcome of this news should concern you because positive result will go a long way to make your life better and a negative one will result in an adverse effect.

Another prevailing circumstance that necessitates checking update of news from any source is the condition of social infrastructures in the country. If you are a business owner then you should be concerned about the outcome of legal outcomes concerning the infrastructure because a positive outcome means that your business stands to benefits from changes that will connect to stable electricity supply, and so on.

The few examples that were cited about the reason for getting updates are just few among many others; now the question is where to get these updates?

A perfect place is through India law forums. These forums are created to discuss different situation in India and how it affects the country at large. It also showcases the different lawyers and their views about these problems. What the legal system has achieved or how far they have gone in dealing with the problems are the different discussion you get form these forums. Therefore, it won’t be a surprise to see different law firms in delhi well represented in such forums. Apart from forums, you can also find different websites dedicated to discussing issues in India, and how it can be solved. You will also get news and different updates regarding all aspects of the country.

Lawyers interpret laws and there is no better place to receive updates regarding any issues in India except through India lawyer’s website and forums. Apart from forums, you can also go to different groups, read dailies, magazines, and many other sources to receive updates. It is very important that you receive updates because the news might have legal outcomes that are directly or indirectly connected to you or your business. So, for any civil law in Indiaupdates and action look for places to get updates.

BIM Construction: The Legal Issues

There are plenty of hurdles in realizing the full power and benefits of BIM across the building life cycle. One of the most important, ironically, has nothing to do with the software! Implementing BIM construction entails a huge front end commitment and a smart implementation strategy in order to most quickly and fully realize the cost-savings and value-added possibilities that this revolution in the AEC industry promises. But perhaps the most difficult issue in BIM construction isn’t even part of the AEC industry: it’s the lawyers. If you thought the design and building industry was stodgy when it came to accepting a new paradigm, then the legal world is downright Neanderthal: change-adverse, risk-adverse and suspicious of anything upsetting the well-worn methods and comfortable apple-cart that has defined the legal process of the building industry for almost a century. This manner of doing business stems from the landmark Supreme Court construction law case United States vs. Spear in, (248 U.S. 132) 1918,  which is now referred to as the Spear in Doctrine. Traditionally, it holds that a contractor will not be liable to an owner for loss or damage which results solely from insufficiencies or defects in such information, plans and specifications provided by an owner. In other words, there is an implied warranty of design adequacy. Plans and specifications must be defective for the contractor to recover damages. So there is fundamentally a strict firewall between the Owner/Designer and the Builder. In a total BIM construction environment, this firewall is shattered, and so is the legal framework which it underpins.

The fundamental change, from a legal perspective, in BIM construction, is that downstream actors, Contractors and Facilities managers, can become involved in the design process, or rely on the model for business decisions. This is one of the great leaps forward provided by BIM, as constructability issues not normally discovered until the project is onsite, costing thousands or millions of dollars in change orders, can now be rectified in the design process. The model also accrues great value as it proceeds downstream, and becomes a valuable reference. But then, who is responsible for the design? Who carries the risk, as the model morphs through the entire design/build/maintain lifecycle? Who has the responsibility to ensure the quality of contributions to the model, which is really, in a mature BIM construction scenario, a whole series of models? Who bears the cost of model management? How does the change in terminology associated with BIM construction cause legal uncertainty?

With the linear, factory production line quality of CAD-based design and building retreating ever more quickly, the collaborative approach which defines BIM construction, also known as Integrated Project development (IPD), enters a completely new legal realm, where no real precedents exist. This leaves the AEC contract with two paths:

1.            Rely on established precedent and case law matched up as much as possible to the BIM construction process

2.            Include a BIM protocol into the contract, dealing with the unique issues of BIM construction

In many ways, the power of BIM is intimately intertwined with its paradigmatic legal shift. If a project does not accept a more collaborative spreading of risk, as in #2 above, then it severely diminishes the potential of the BIM construction process. It also, if it decides to rely on existing case law, as in #1, really enters into a vacuum with unpredictable and possibly inconsistent results in litigation. It is, as always, a balancing of risks and rewards. Fortunately, things are not as unformed as they were only 5 years ago. The AIA created its E201-2007 Digital Data Protocol Exhibit and E202 – Building Information Modeling Protocol Exhibit in 2008, convening industry experts to craft templates to “establish the procedures…with respect to the transmission or exchange of digital data” in the first case, and for E202, “assigns authorship of each model element by project phase,… defines the extent to which model users may rely on model content, clarifies model ownership, sets forth BIM standards and file formats, and provides the scope of responsibility for model management from the beginning to the end of the project.”

In the real world, these templates are significantly altered depending upon the collaborators established styles of doing business, usually meaning that a hybrid of path 1 & 2 occurs. Again, the extent to which the legal/contractual framework assigns and spreads risk either allows or negates the full power of BIM construction. If “the extent to which the model users may rely on model content” is narrow, as in traditional design/build schemes, than only a small fraction of the parametric modeling muscle can be brought to bear on the project. One of the powerful features of a BIM construction process is clash detection, which virtually identifies problems with design element from the different disciplines that normally wouldn’t be found until the actual construction had begun: walls running through columns, heating ducts running into floor joists, etc…  But clash detection is only possible at this level if models are built to a level of design where “model users may rely on model content” that allows them to be joined and have clash detection run. There’s a risk there, on the designer’s part, specifying that detail, if something goes wrong in the fabrication of elements or site work that relied on those details. On the other hand, a significant savings can be realized using clash detection and tightly coordinated models, eliminating costly change orders, allowing for more tightly coordinated labor and materials scheduling, all of which reduces cost and enhances profitability.

An ancillary issue which arises out of this is the whole, powerful feedback mechanism which BIM construction allows is design fees. If a contractor, brought in on the design process, identifies something which causes a design change, how does that impact the designers fee? Or does it? Is it the architect’s problem, the structural engineer, or the MEP? Defining this beforehand can avert costly squabbles down the road.

Without a clear assigning of “authorship of each model element” and “model management”, the likelihood of collaboration, and the benefits it provides in BIM construction, is constrained. There also has been concern expressed about whether BIM construction alters the existing professional standard of care applied to their work in developing concepts and specifications. This has direct bearing on an important addendum to all this, the impact of defining these new contractual relationships on insurance availability and cost. As Richard H. Lowe put it, optimistically, in his article in Constructor Magazine, January/February 2007:   “When all of these issues are analyzed, the perceived legal risks in using 3D modeling melt away and are outweighed by the obvious benefits of clash detection and greater project collaboration. It should only be a matter of time before insurers offer discounts to encourage clients to wear the clash-detection ‘safety belts’ of 3D modeling.  Ultimately, the question will morph into whether team leaders actually increase risks by not using 3D modeling, much like not using seat belts.”

Others are not so sanguine. As J. Kent Holland puts it in his article How Building Information Modeling (BIM) Impacts Insurance Availability by Changing the Roles, Responsibilities, and Risks of Project Participants: “While underwriters may agree that there are benefits of early conflict detection and resolution through 3D modeling, they are less likely to see how they can underwrite their single insured, who has a minor participation in the BIM model, and who may pick up full responsibility and liability for claims arising out of mistakes caused by use of or reliance on that model… The collaboration of contractors and subcontractors in the design has the potential to create uninsurable professional liability risks for themselves,… Similarly, the collaboration of the design professionals in the means, methods and procedures of construction has the potential to create uninsured general liability risks for the design professionals.”

As these statements make clear, the evolution of contract language, and eventually case law, specifically tailored to BIM construction tenets, will be very important in the evolution of risk assignment and insurance coverage for these projects. The intertwining of the technical, legal and insurance aspects of BIM construction is clear. Defining relationships as far as model development is concerned is key to fully exploiting the power of this technology.  And as much as that can be constrained by legal and insurance issues (surrounding the very same paradigmatic shifts as the technical issues), it can also, in the solution, propel a blossoming of the full potential of BIM construction to cut costsand improve designs, productivity and safety.

Iranian Lawyer in California – Solve Your Legal Issues in a Cost-effective Way

If you are facing any legal issues in California or other parts of the USA, then nothing much to worry as finding a good Iranian Lawyer in California would endow you the best possible services to take your out of the legal issues with precision. Legal problems may arise to anyone’s life and in such cases; it is advised that one must not be too much worry with the hassles rather should burn a few extra calories to find a good as well as certified lawyer. Just like doctors, lawyers play a great role in our life. As a legal advice seeker, you have to be truthful towards your lawyer so that he can get the full picture and can build his legal strategies based upon that.

Find a Lawyer Who Keeps Promises

Many people complain that they have been cheated by their lawyers as the lawyers have promised a lot but delivered nothing. Both time and money have been wasted during this tenure. To avoid such situations, taking positive measures at the very beginning part is important. Always check whether your lawyer is certified or not. Another prime thing is that your lawyer must be a local person and should be familiar with the local legal framework. In USA, different states possess different kinds of legal frameworks. Find an Iranian Lawyer in USA, who is well-trained as well as experienced in their domain of legal services.
How to Find a Good Lawyer?

To find a good lawyer, you can take the help of the internet. Finding in California directories would be more effective specifically. You will find plenty of lawyers are registered, and all of them are certified. You can even check their profiles, website and other minute details about them. Good Iranian Lawyers in California does not necessary will cost you at the higher end. You always have the option left to negotiate though depending upon the case and its complications, charges may vary. For example, if you want legal advice for property buying, then it will cost lesser than if you ask for business legal advices.

Cost for Hiring Lawyers

Experienced as well as eminent lawyers will cost you more than novice lawyer, for obvious reasons. In the field of law or legal services, experience is the major factor, and thus you should find an experienced lawyer. If you want cost-effective services, you may have to look for a novice lawyer. In such case, check the certificates and registration details of the lawyer before hiring him. This will help you to find a good lawyer.