Posts by On Behalf of Giddens & Gatton Law, P.C.
Construction Law Not Exclusively Contractual
New Mexico attorneys who practice construction law rely on the actual contracts between parties to a dispute. However, not all matters of dispute in construction cases get litigated just on the basis of contractual claims. New Mexico litigators rely on a variety of claims in construction cases, the nature of each being described below: Negligence…
Read MoreChapter 13’s benefits over Chapter 7
In the last several years, many New Mexico residents, have considered whether filing for bankruptcy makes sense because they have lost their jobs, incurred extremely high medical bills or faced home foreclosures. Although many people have a general idea about bankruptcy, they do not necessarily have a deep understanding of the process. For the…
Read MoreMaking Your Judgment More than Just a Piece of Paper
The owner of a plumbing company consults with his attorney because one of his customers has not paid for a large job that was successfully completed several months earlier. After sending out monthly invoices replete with late fees and monthly interest charges which caused the bill to escalate each month, the company has yet to…
Read MoreLoan Workouts; Nipping it in the Bud
About two decades ago the acclaimed and prolific novelist, Tom Wolfe, came out with the book, A Man In Full. The novel was about a fictional developer who owned many high-rise buildings and office parks in the metropolitan Atlanta area. One of the problems this character faced was that he was failing to make his…
Read MoreExacerbating the Problem of Contract Breach
At some point in their careers, experienced business people believe they can handle certain problems without first consulting with their attorneys. This often happens when decision makers have addressed certain issues before but do not recognize a specific issue which may affect the outcome of their dispute. The following dispute between a commercial landlord and…
Read MoreMunicipal and Business Bankruptcies Similar in Some Respects
On October 28, 2013, a federal judge in Michigan heard arguments from creditor groups that the bankruptcy for the City of Detroit should be dismissed because the constitution for the State of Michigan prohibits a bankruptcy court from modifying benefit payments for pension holders and retirees. The case puts general bankruptcy rules against a special…
Read MoreBeware of Extra Fees in Commercial Leases
When business owners look for a location for their business, they should have some concerns about negotiating their commercial lease. Unlike residential leases which often charge monthly rent and a late fee, commercial leases in New Mexico often contain many other charges beyond the base rent. Commercial landlords seek to recoup many of the expenses…
Read MoreIn New Mexico Judicial Foreclosure Is The Typical Route
Some states provide a non-judicial route to the foreclosure of residential homes. The State of New Mexico has this option, but it is rarely used. Generally, in judicial foreclosure, a court decrees the amount of the borrower’s debt and gives him or her a short time to pay. If the borrower fails to pay within…
Read MoreDysfunction in Self Government: Problems With Homeowners Associations
Recently, our country has witnessed persistent dysfunction in the way our federal government operates. In some ways, disputes at that level are mirrored by the manner in which people in homeowners’ association engage in arguments: they are often hotbeds for fights at the micro level and constantly reinforce the old adage “politics is all local.”…
Read MoreA First Step in Starting a New Company
One of the most important steps in starting a new company is determining the type of business entity to form: an individual proprietorship, a partnership or a type of corporation. In New Mexico, you can form one of three types of partnerships: General partnership Limited partnership Limited liability partnership As for corporations, you can form…
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