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News and Articles -

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BASIC GUIDE TO CONSTRUCTION LAW 
 

MECHANIC'S LIENS - WHAT'S IT ALL ABOUT

 


Gerald and Stuart Zisholtz provide a simplistic overview of the New York lien law in the fourth edition of "Mechanic's Liens - What's it All About". Please click the link below to read this enlightening and easy to understand pamphlet.  For a hard copy of this pamphlet, please contact Zisholtz & Zisholtz. 

 

READ MORE...

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KEY COURT OF APPEALS DECISION

 

11-19-2012

 

American Building Supply Corporation v. Petrocelli Group, Inc.

 

Stuart Zisholtz argued in the New York Court of Appeals. The decision changed the law in finding that insurance brokers have a duty to the insured to provide proper insurance when specifically demanded.  

 

READ THE DECISION HERE...

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MONTHLY ARTICLES

5-1-2023

Beware of Forum Selection Clauses!

READ ARTICLE...

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4-1-2023

Danger of a Willful Exaggeration

READ ARTICLE...

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3-1-2023

What is the Extent of Owners Liability?

READ ARTICLE...

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2-1-2023

Earmark Materials For Each Project!

READ ARTICLE...

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1-1-2023

Be Aware of Your Time Frames To File!

READ ARTICLE...

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12-1-2022

New Twist In The Paid When Paid Clauses!

READ ARTICLE...

 

11-1-2022

Always Read Your Contract!!

READ ARTICLE...

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10-1-2022

Be Careful When Working In A Condo Building...

READ ARTICLE...

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9-1-2022

The Importance of Substantial Completion...

READ ARTICLE...

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8-1-2022

Beware of Arbitration Clauses...

READ ARTICLE...

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7-1-2022

Architect's Approval For Payment...

READ ARTICLE...

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6-1-2022

You May Not Be Entitled to a Jury...

READ ARTICLE...

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5-1-2022

The Ability To Pursue An Owner...

READ ARTICLE...

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4-1-2022

Lien Time Frames Must Be Strictly Complied With...

READ ARTICLE...

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3-1-2022

The Owner Has Options to Remove a Lien...

READ ARTICLE...

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2-1-2022

Can a Contractor Lien a Leasehold?

READ ARTICLE...

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1-1-2022

Do Not Exaggerate your Mechanic's Lien...

READ ARTICLE...

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12-1-2021

Is a "paid when paid" clause enforceable?

READ ARTICLE...

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11-1-2021

Can I Include Interest in My Lien?

READ ARTICLE...

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10-1-2021

When Should Retainage Monies Be Released?

READ ARTICLE...

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Beware of an Arbitration Clause...

9-1-2021

Beware of an Arbitration Clause...

READ ARTICLE...

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8-1-2021

Don't miss your time to file a lien...

READ ARTICLE...

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6-1-2021
What Should A Contractor Do About Increased Cost Of Supplies?

READ ARTICLE...


All Parties Must Be Listed On Your Lien,..

READ ARTICLE...

 

5-1-2021
All Parties Must Be Listed On Your Lien,...

READ ARTICLE...

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4-1-2021

Knowing Your Lien Time is Crucial...

READ ARTICLE...

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3-1-2021

 

The Indemnification Clause Could Kill You... 

READ ARTICLE...

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2-1-2021

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Knowing Your Lien Time is Crucial...

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READ ARTICLE...

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1-1-2021

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Never Exaggerate Your Lien - The Penalty Can Be Enormous...

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READ ARTICLE...

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12-1-2020

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Paid When Paid Clauses Are Unenforceable...

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READ ARTICLE...

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11-1-2020

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Does a Bankruptcy Petition Restrict Lien Rights?

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READ ARTICLE...

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10-1-2020

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Is it a good idea to renew my mechanic's lien?

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READ ARTICLE...

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9-1-2020

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Is the Owner liable to the subcontractor?

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READ ARTICLE...

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8-1-2020

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Are legal fees recoverable?

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READ ARTICLE...

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5-1-2020

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When Retainage Money Must Be Released...

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READ ARTICLE...

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4-1-2020

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Owners Options to Vacate a Lien...

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READ ARTICLE...

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3-1-2020

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Know your timeframes to file a Mechanic's Lien..

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READ ARTICLE...

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2-1-2020

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Having The Proper Licenses Is A Must...

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READ ARTICLE...

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1-1-2020

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Understanding Your Statute Of Limitations Is Crucial...

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READ ARTICLE...

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11-1-2019

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A Lienor May Have To Commence A Foreclosure Lawsuit In Order To Collect...

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READ ARTICLE...

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10-1-2019

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Not Knowing Your Contract Can Have Devastating Effects...

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READ ARTICLE...

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9-1-2019

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A Lienor Can Become A Secured Creditor In Case of a Bankruptcy Filing...

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READ ARTICLE...

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8-1-2019

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The Power of a Mechanic's Lien...

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READ ARTICLE...

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7-1-2019

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It is Crucial to Comply With All Terms Of Your Contract...

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READ ARTICLE...

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6-1-2019

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Subcontractors Rights to Terminate a Contract for Nonpayment...

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READ ARTICLE...

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5-1-2019

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Only Lien For Work Completed Or The Penalties Can Be Severe...

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READ ARTICLE...

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4-1-2019

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Purpose of Payment Bonds...

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READ ARTICLE...

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3-1-2019

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Each Project Is Separate And Distinct...

 

READ ARTICLE...

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2-1-2019

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Generally, A Landlord is Not Responsible For Tenant's Work...

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READ ARTICLE...

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1-1-2019

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Not Having Proper Licenses May Be Fatal In Collecting...

 

READ ARTICLE...

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12-1-2018

 

Terms and Conditions In Invoices Are Enforceable. 

 

READ ARTICLE...

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11-1-2018

 

Insurance Requirements in Contracts Should Be Strictly Adhered To. 

 

READ ARTICLE...

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10-1-2018

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Reducing The Statute of Limitations. 

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READ ARTICLE...

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7-1-2018

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Know Every Clause in Your Contract. 

 

READ ARTICLE...

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6-1-2018

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Diversion of Trust Funds...

 

READ ARTICLE...

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5-1-2018

 

Make Sure to Have Insurance Coverage...

 

READ ARTICLE...

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4-1-2018

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Working Without a Written Contract Can Be Risky...

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READ ARTICLE...

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3-1-2018


Must All Change Orders Be Written And Signed?

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READ ARTICLE...

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2-1-2018

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Not Every Contract Clause Is Enforceable...

 

READ ARTICLE...

 

1-1-2018

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Paid When Paid Clauses Are Unenforceable...

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READ ARTICLE...
 

12-1-2017

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How to Remove a Lien...

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READ ARTICLE

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11-1-2017

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Maintain Your Home Improvement License...

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READ ARTICLE

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9-1-2017

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Termination Clauses In Contracts...

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READ ARTICLE

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8-1-2017

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Understanding Your Contract Can Be Critical in Recovery...

 

READ ARTICLE

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7-1-2017

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Timelines Regarding The Filing of Mechanic's Liens...

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READ ARTICLE

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6-1-2017

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Contractors Recovery For Delays...

READ ARTICLE

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5-1-2017

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Effects of An Exaggerated Lien...

 

READ ARTICLE 

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4-1-2017

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Statute of Limitations Can Be Reduced By Contract...

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READ ARTICLE

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3-1-2017

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Careful Wording Of Insurance Certificates...

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READ ARTICLE

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2-1-2017

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Updating An Address With the Secretary of State Can Be Crucial...

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READ ARTICLE

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1-1-2017

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Placing A Lien On A Condiminium...

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READ ARTICLE

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9-1-2016

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Time Frames To File Your Lien...

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READ ARTICLE

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8-1-2016

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A Lienor Must Name The General Contractor In It's Lien...

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READ ARTICLE

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7-1-2016

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Collecting Retainage Funds From An Owner...

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READ ARTICLE

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6-1-2016

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Contractors Claims Unanticipated Delays...

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READ ARTICLE

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5-1-2016

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Should a Contractor Walk of the Job...

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READ ARTICLE

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4-1-2016

 

Liquidating Agreements...

 

READ ARTICLE

 

3-1-2016

 

Know What Your Insurance Clause Covers...

 

READ ARTICLE

 

12-1-2015

 

Scope of a Contract...


READ ARTICLE

 

10-1-2015

 

Payment and Performance Bonds on Public Jobs...

 

READ ARTICLE

 

9-1-2015

 

Enforceability of Liquidation Clauses...

 

READ ARTICLE

 

8-1-2015

 

Settlement of Claims With One Party...

 

READ ARTICLE

 

7-1-2015

 

A Subcontractor Must Be Proactive and Aware of the Statute of Limitations...

 

READ ARTICLE

 

6-1-2015

 

Benefits to a Joint Check Agreement...

 

READ ARTICLE

 

5-1-2015

 

Can a Landlord Be Responsible for Construction Done by a Tenant?

 

READ ARTICLE

 

4-1-2015

 

Always Investigate thoroughly

 

READ ARTICLE

 

3-1-2015

 

Minority and Women Business Enterprises

 

READ ARTICLE...

 

2-1-2015

 

Get Paid on Time and in Full


READ ARTICLE...

 

1-1-2015

 

Time Limitations to File a Mechanic's Lien

 

READ ARTICLE

 

10-1-2014

 

Precision is essential when Filing a Mechanic's Lien

 

READ ARTICLE

 

9-1-2014

 

Distinctions Between Public And Private Improvement Liens

 

READ ARTICLE

 

7-1-2014

 

The Scope of A Payment Bond

 

READ ARTICLE

 

6-1-2014

 

Know Your Contract!

 

READ ARTCILE

 

4-10-2014

 

Don't let your lien lapse!

 

READ MORE...

 

3-1-2014

 

Can a subcontractor that has been kicked off the job site be reimbursed for lost equipment?

 

READ MORE

 

12-26-2013

 

Statement From Stuart Zisholtz - Forum Selection Clauses

 

Be sure to know everything that is in a contract before signing. A Forum Selection Clause may limit where you can resolve a dispute. This can potentially be extremely burdensome. 

 

READ MORE...

 

 

11-1-2013

 

Statement From Stuart Zisholtz - Entitled to Legal Fees?

 

In this brief statement, Stuart describes when a client may be entitled to collect legal fees from their adversary.

 

READ MORE...

 

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