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  BENEDICT C. DI DUCA

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Attorney At Law  

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Real Estate Law Construction Law Home Improvement Contracts Businesss Law
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What is Construction Law?

What is Real Estate Law?

What is Business and Corporate Law?

What is Home Improvement Law?

How are Fees Calculated?

 

 

 

What is Construction Law?


The area of law referred to as “Construction Law” cuts across a broad spectrum of laws, but is closely related with many of the traditionally recognized principals and doctrines of the law, including real property, contracts, torts (personal injury), business organization, labor, and tax law. Construction projects include private and public improvements of all sizes and complexity from basic residential work, to enormous complex projects, city planning, and mass transportation. Construction law focuses on a range of issues including basic contracting principals and licensing laws, the performance of, changes in, and abandonment of a work of improvement, mechanic’s liens and stop notices, and dispute resolution.

 

What is Real Estate Law?

 

The area of law referred to as “Real Estate Law” deals principally with the possession, use, sale, and development of real property. The law of real property encompasses anything permanently affixed to land, such as buildings, fences, light fixtures, plumbing fixtures, or other items that would be personal property if not attached. Such attached personal property is referred to as a “fixture.” Real estate transactions are governed by a large number of local, state, and federal ordinances, statutes, and regulations. The laws pertaining to the possession, use, sale and development of real property can differ drastically from state to state. Such differences in state laws are most commonly reflected in the characterization of real property as "community" or "separate property" in connection with the dissolution of marriage.

 

What is Business and Corporate Law?

 

The reference to “Business and Corporate Law” encompasses a vast area of the law including business startups, the formation of business entities, and securities laws. The scope of business and corporate law consists of those laws that govern business transactions, the representation of individuals or companies in the management and formation of business entities, including limited liability business entities (such as corporations or limited liability companies), and general and limited partnerships and sole proprietorships. The area of business and corporate law may also include the sales of goods (California Commercial Code), business and management policies and procedures, employee policy and procedures, and the maintenance of limited liability entities (such as corporations and limited liability companies) to maximize liability protection.

 

What is Home Improvement Law?

 

The area of law referred to as the “Home Improvement Law” is set out under the California Business And Professions Code and the California Code Of Civil Procedure and is intended to protect the consumer homeowner and, in some cases, a leasehold tenant. The Home Improvement Law is specifically focused on all issues related to the work of “Home Improvements” pursuant to a “Home Improvement Contract.” The Home Improvement Law provides specific contractual requirements that contractors must follow when performing a work of home improvement; civil and criminal penalties are provided for those contractors who do not follow the specific requirements.

 

How are Fees Calculated?

 

Attorneys’ fees may be calculated in several ways. The most common is the hourly fee for services performed. The hourly fee is typically influenced by the experience of the attorney, the complexity of the work, and client’s timeframe for performance of the work. You can expect that the hourly rate will run between $150 and $350 per hour. Attorneys frequently charge an initial deposit, sometimes called a retainer, which is held in a special trust account. Each month (or other agreed time period), the attorney will subtract from the funds held in the trust account the fees and costs earned by the attorney (as to each particular client) for the agreed billing period. If and when the initial deposit is consumed, or insufficient to pay expected fees and costs, you may be asked to pay an additional deposit or increased deposit.

 

Certain types of cases lend themselves to a contingency fee arrangement where the attorney receives, as compensation for the attorney’s services, a percentage of the recovery. This arrangement is most common in personal injury cases. Contingency fees are uncommon in construction cases or cases involving general business or legal issues.

 

In an hourly fee arrangement, you can expect to pay for the attorneys’ fees, paralegals’ fees, experts’ fees, and other related costs. In every transaction, Mr. Di Duca will provide you a written fee agreement which identifies the scope of representation, the deposit amount, hourly fees and other costs which you may charged for during the course of representation.

 

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