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Almost every insurance policy has a provision requiring you to appear for an Examination Under Oath (“EUO”).  This is one of your many post-loss duties. An EUO is a formal proceeding conducted by an attorney hired by the policyholder’s insurance company in front of a before a court under oath. Like a deposition, the statements [..] The post What you need to know about an Examination Under Oath (EUO) appeared first on AEGómez, PC.

When there is a disagreement with your homeowners insurer concerning your claim, there are many ways to resolve it — adjustment, mediation, arbitration, appraisal, or litigation. All have their good and bad points.  The focus of this article is to determine the issues concerning appraisal.  In other words, do we appraise or not appraise. Below are [..] The post To Appraise Or Not Appraise appeared first on AEGómez, PC.

Just want to talk briefly cover a topic that is very important in mostly all construction projects, but very often overlooked — daily field reports. In medium to large projects, I highly recommended that you create and keep daily field reports.  A well-drafted daily field report is your best ally when confronted with possible litigation, [..] The post Daily Field Reports — shift liability and minimize litigation appeared first on AEGómez, PC.

Indemnification Clauses — Construction Contracts. What to look for when negotiating a Construction Contract. Indemnification, in short, is where you agree to bear the entirety of the loss of a third party who has filed a claim against you.  The obligation to indemnify is created by contract, and is found in virtually every meaningful construction [..] The post Indemnification Clauses — Construction Contracts appeared first on AEGómez, PC.

As promised, the next installment in my series about the construction contract involves the attorney fee provision.  Like most other provisions, a well crafted one can be a very powerful tool to resolve disputes; one drafted poorly, however, can be a frustrating experience.  At first glance, you’ll need to look out for provisions where one [..] The post Attorney Fee Provisions in Construction Contracts appeared first on AEGómez, PC.

For those of you construction professionals that insist and take pride in taking an “all-inclusive” interest in your company; I applaud you. You should take pride in what you do, your work, your clients and developing those relationships. It is, after all, your business. It is, after all, how you pay your bills and provide [..] The post Construction Contract provisions — “Pay-if-paid” clauses v. “Pay-when-paid” clauses appeared first on AEGómez, PC.

Business Entities in Virginia How to choose the right one for you and what to do before you open your business Part 2 of 2 What to do after formation As promised last week, here’s the next installment.  Now you have formed your business — you have analyzed what entity is best for you, you [..] The post Starting your own business? — Great! Before you do, though, take a look at this. (Part 2 of 2) appeared first on AEGómez, PC.

Business Entities in Virginia How to choose the right one for you and what to do before you open your business Part 1 of 2 4 Primary Forms of Business Entities in Virginia: Sole Proprietorship; Partnership; Limited Liability Company; and, Corporation Things to consider when choosing: Structure of ownership (number of owners, classes, possible expansion); [..] The post Starting your own business? — Great! Before you do, though, take a look at this. (Part 1 of 2) appeared first on AEGómez, PC.