Our collaborative divorce attorney is highly trained, experienced, and dedicated to resolving the family law matter in the collaborative process. At J Lowe Law, we believe broken marriages and relationships can be transformed from the collaborative process. The collaborative process is an alternative to litigation and is a confidential, structured, team-oriented process. In the collaborative process we focus on goals and interests, not positions. To learn more about the collaborative process click here. J Lowe Law is transforming the way our clients divorce by offering a more peaceful alternative to the fighting and conflict that often takes place in litigation. Trust our firm to represent you in the collaborative divorce process. Collaborative divorce is a legal process that takes place out of court. The process focuses on settling the issues amicably and with the least amount of trauma to the family. Essentially it is an amicable divorce! The parties control the process and make the decisions. All the professionals who participate in the process are working together as a team towards a common goal…to resolve the issues for the parties and preserve relationships. There are no adversaries in the collaborative divorce process. It is the best alternative to litigation because of the benefits to the collaborative divorce:
In some instances, the collaborative process can cost less than the litigation process. The attorneys are adversaries in the litigation process, which often leads to more conflict and fighting. The higher the conflict the more money each party will spend on attorney’s fees. In the collaborative divorce the attorneys work together to settle the case. A conflict free divorce is not guaranteed in the collaborative divorce process; however, any conflict is managed and controlled and addressed in the collaborative process.
Control Over the Divorce
In the collaborative divorce process, the pace and length of the process is controlled by the parties and the professionals. The divorcing couples in the collaborative divorce process are not controlled by the Judge’s calendar, docket, or deadlines. The parties are not at the mercy of the court. In the collaborative divorce process the parties control the outcome and decide when and how the case will be settled for their family. The Judge in the litigation process, who is a stranger to the family, makes important decisions for the family based on limited facts and without a complete understanding the family dynamic and relationships. Don’t hand over the most important issues, i.e., children and finances, to a stranger. Choose the collaborative divorce process instead!
Interest-based negotiations, what is that? Unlike litigation where the negotiations are based on positions, in the collaborative divorce process the negotiations are based on interests. At the beginning of each collaborative case, the parties separately create their own goals and interests. These goals are reviewed periodically during the process and evaluated during the settlement discussions.
The entire family, even adult children, is the focus of the collaborative divorce process. After the divorce process is concluded and the attorneys close his or her file, the divorcing couple are left to continue dealing with one another. Whether that is attending high school graduation or attending weddings together or attending school events, the divorcing couple will be forced to interact with one another. The more conflict in the divorce, the less likely the divorcing couple will be able to speak with one another at those types of events. Choose a divorce process where communication and preserving relationships are important. The collaborative divorce process is a civil divorce…courtesy, respect, and concern are all important!
Our firm has experience representing a range of individuals and companies in construction matters and disputes, including:
We represent clients across all aspects of the construction industry, including homeowners, developers, general contractors, subcontractors, design firms, engineers, architects, suppliers, and other related professionals. Through our extensive experience and expertise, we represent clients in all phases of construction, from drafting and negotiation of contracts to resolving issues that may arise during construction. We are well-versed in litigation and dispute resolution should the need arise, including construction defects, design claims, and many more. We are geared towards obtaining maximum protection and recovery for our clients.
Our construction attorneys are dedicated to resolving disputes with alternative resolution strategies, including arbitration, mediation, and other options, but are highly skilled in representing clients in trial before a judge or jury, when necessary.
Chapter 27 of the Texas Property Code addresses residential construction liability. Unfortunately, residential construction defects can be common. To initiate a formal claim against a builder/contractor, a homeowner must follow the statutory procedures outlined in Chapter 27 of the Texas Property Code. In 1989, the Texas Legislature enacted Chapter 27 “to promote settlement between homeowners and contractors, and to afford contractors the opportunity to repair their work in the face of dissatisfaction.” Chapter 27 is a mandatory statute and must be followed to make a valid claim against a builder/contractor. Chapter 27 applies to both new home construction and residential remodel projects, and is applicable to both the original homeowner and any subsequent home purchaser. A new home contract or remodel contract subject to Chapter 27 must contain a disclosure statement in at least 10 bold font outlining the Chapter 27 requirements. Failure to include this notice in the contract subjects the builder/contractor to a penalty of $500.00.
A chapter 27 claim is initiated by preparing and sending a formal notice to the builder/contractor by certified mail at the builder/contractor’s last known address, specifying in reasonable detail the construction defects and cost to repair, if known. If available, the notice should be supported by evidence, such as inspection reports, photographs, video recordings, and repair estimates.
In response a homeowner’s Chapter 27 notice, the builder/contractor, upon written request, has the right to inspect, test, and document the defects. Within no later than 45 days after the builder/contractor receives the notice, the builder/contractor may make a written offer of settlement to the homeowner. The offer may include either an agreement by the builder/contractor to repair the defects or have the defects repaired by an independent contractor at the builder/contractor’s expense. The repairs must be made within 45 days from when the builder/contractor receives notice of acceptance of the offer by the homeowner. If the builder/contractor makes a written offer of which the homeowner deems unreasonable, the homeowner has 25 days to respond in writing to the builder/contractor outlining the basis for the rejection, thereby giving the builder/contractor an additional 10 days to present a counter-offer. If the homeowner rejects a reasonable offer or does not allow the builder/contractor an opportunity to inspect/repair the defects, the homeowner’s potential recovery through a lawsuit and/or arbitration will be limited to the original offer and the homeowner’s attorney’s fees will be limited to those incurred before the reasonable offer was made.
Chapter 27 limits the nature and type of damages a homeowner may recover against a builder/contractor to the following: (1) the reasonable cost to repair the construction defects; (2) the reasonable cost to repair or replace any damaged personal property caused by the construction defects; (3) reasonable and necessary engineering and consulting fees; (4) reasonable expense for temporary housing incurred during the repairs; (5) the reduction in current market value, if any, after the construction defects are repaired if the defects are structural in nature; and; (6) reasonable attorneys’ fees and litigation costs. If the construction defects are greater than $7,500.00, a court may, upon filing a motion, compel the parties to mediate the dispute at the outset of litigation.
In conjunction with the Chapter 27 notice, the builder/contractor is typically placed on formal notice of any potential violations of the Texas Business and Commerce Code, Section 17, the “Deceptive Trade Practices Act” or also known as the “DTPA.” The DTPA is a consumer protection statute that protects consumers from false, misleading, or deceptive acts by a builder / contractor, to include the builder/contractor’s failure to honor either an express or implied warranty of habitability and/or good workmanship. The DTPA applies to the builder/contractor entity and any individuals who have violated the statute.
Our attorneys handle a wide range of construction law litigation and dispute resolution to resolve common construction claims, including:
At J Lowe Law, our skilled attorneys are familiar with all aspects of Texas construction law. From construction contract formation and review, construction insurance, to the litigation of construction claims involving residential and commercial projects, we are your one-stop shop for all your construction law requirements. Our construction law attorneys provide proactive legal advice and effective representation geared towards protecting and strengthening relationships involved in construction projects, both big and small.
We understand that construction disputes can impact the overall cost of projects. Additionally, claims can have a negative impact on integral business relationships moving forward. While we are proficient in representing our clients in court, our strength lies in the determination and resolution of construction disputes before litigation starts. We develop alternative dispute resolution interventions such as arbitration and mediation, ensuring resolution of dispute in the most-efficient, quickest, and cost-effective manner possible. Whether you are filing a construction claim, or you are facing such claims yourself, our attorneys at J Lowe Law will use their extensive knowledge to advance your best interests.