California Construction Contracts And Arbitration

It’s a general piece of common wisdom that decisions rendered by a legally-empowered arbitrator are absolute and absolutely binding. The entire point of a binding arbitration clause, after all, is that it is binding. If the decisions of arbitrators were easily overturned in the courts, it would render the entire process moot.

In general, the supremacy of properly-invoked arbitration decisions is firm and unassailable. However, under California law there are two general situations where an arbitration decision can be reversed or invalidated. In the first, a decision rendered by an arbitrator can be invalidated if the decision is based on an illegal contract, regardless of whether the arbitrator or the parties involved were aware of the contract’s illegality.

The second situation allowing for the invalidation of an arbitrator’s decision or award is if that decision ‘violates an explicit expression of public policy.’ This is a more diffused situation requiring a deeper understanding of the underlying law. A good example of this is a case where an unlicensed contractor is paid for acting as a general contractor, which is prohibited under California law; a contractor must have a Class B License to build a commercial building. In a situation where a contractor without a Class B License is paid to perform construction, they are compelled by law to return all fees. If a dispute is brought to arbitration and the arbitrator decides instead that the contractor can retain all fees despite a lack of license, this decision can – and most probably would be – invalidated by a judge if the case were brought into the courts.

It is often mistakenly assumed that if an unlicensed contractor is paid for construction work in violation of the law, the entire contract between the parties is deemed illegal, also invalidating any decision rendered by the arbitrator, but this is often not the case. Simply paying an unlicensed contractor – even with full knowledge of their unlicensed (and therefore illegal) condition is generally not regarded as infecting the contract as a whole, and thus the contract is not deemed illegal. This is therefore not a valid reason to reverse an arbitrator’s decision. In the previous example, if the arbitrator had decided to return all fees from the unlicensed contractor this decision would likely have been upheld and the argument of an illegal contract would not have carried the day.

A thorough knowledge of the laws governing both construction and arbitration is essential to have an effective outcome. When seeking an arbitration or mediation professional, make sure to vet their experience in both.

California Building Contractors

California is a state of spectacular art, culture and diversity. Real estate is a booming industry in the state and consequently, construction activity takes place at a rapid pace. The various cities in California are home to modern constructions as well as older ones. Most of these buildings are unique and are constructed using the latest designs. Due to its growing popularity, California invites many new building constructions such as offices, houses, hotels and restaurants. The state requires investors, by law, to hire a contractor before proceeding with the construction of these buildings. These contractors are required to possess certain qualifications and certificates specified by the California State Contractors License Board. California building contractors are readily available all over the state due to the increased number of building constructions.

Building contractors in California have licenses, which specify the type of building and construction work they can be contracted for. They accept contracts ranging from residential buildings to commercial and industrial buildings. Some building contractors in California accept contracts for remodeling buildings, roofing and for manufacturing unique home installers. Building contractors must possess special educational qualifications and technical know how related to the construction work they specialize in. The California Contractors State License Board specifies that building contractors must maintain professional conduct and provide their license to their clients at the time of signing a contract.

Most building contractors in California provide special services to both domestic and commercial clients. The planning and execution of a project is possible with clients getting involved as and when they desire. Most contractors in California also accept special requests pertaining to construction of the property. They offer services such as repainting and repair work after the construction is done as specified in the contract. Experienced building contractors in California show acumen in the field of construction procedure and materials used and can advise their clients accordingly.

California building contractors can be contacted online or through the California Contractors State License Board itself. It is advisable to check for a contractor’s qualification, experience and verify the license in order to prevent fraudulent and dubious activities with regards to construction of the building. With an increase in construction activity, there is a corresponding increase in the number of contractors in the market and it is advisable not to rush into signing up deals contractors without assessing their credentials.

California Construction Jobs in the Horizon

Although economist and other experts believe that the recession in the US is essentially over, the jobless rate in California continues to rise. As of August 2009, California’s unemployment rate is at 12.2% with Los Angeles county at 12.3%. The nation’s unemployment rate is at 9.7%. And 2.2 million people in California are out of work, mostly from the finance, construction, and real estate industries.

Bleak as it may seem, there are promising things on the horizon. Construction projects to improve the infrastructure of California (i.e. highways, pipelines, train tracks, etc.) are being planned and driven by the $787 billion stimulus bill passed by Congress in February 2009. Many are already “shovel ready”, a term used to characterize construction projects that are passed the planning and approval stage and simply await for funding to go forward.

One such project that’s already funded is the widening of the Interstate 215 freeway in San Bernardino. This construction project is expected to finish in 2013 for a total of $800 million. The I-215 project is expected to create 2000 jobs while it’s ongoing. It has already received approximately $187 million in government grant.

Another construction project, this time in the Las Virgenes Municipal Water District, has been approved for $1.9 million to construct a 24-inch pipeline that will carry recycled water. The pipeline will link the Tapia Water Reclamation Facility in Malibu to an existing distribution system two miles away.

In Northern California, the excitement is centered around a $400 million high speed rail project. The goal in that project is to connect downtown San Francisco to BART, AC Transit, Golden Gate Transit, and ferries.

A bigger and more extensive project proposed within California is the highly anticipated construction of a train system that can travel between San Francisco and Los Angeles in less than 3 hours. Headed by the newly-created California High Speed Rail Authority, the popular project is vying for federal funding made available through the stimulus bill.

However, the project is not without its obstacles. Aside from political resistance, there are right-of-way issues to be sorted out requiring the court’s involvement. Still, a project building a bullet train in California is expected to create thousands of construction jobs in all forms from the actual building, equipment purchasing, to project management.

California Construction – Using Technology To Compete In Today’s Economy

Anyone can make money in the California construction field when the market is steaming hot; with the economy entering a cooling phase, however, Licensed California Contractors need to do something to tip the scales in their favor if they want to continue to grow, or at the very least, maintain their current level of business.

It is no longer enough for a licensed California contractor to be a hard worker committed to meticulous detail. Certainly these are things still worth striving for, but to corner your share of the California construction market, you need to be up on what today’s clients want and need-including the latest in advertising and information resource technology.

Successful California Contractors Get Online

The internet is essential in business today; the construction business is no exception.

The internet is an invaluable information resource for today’s California construction professionals. The latest and most up-to-date industry news is most accessible online. All the major industry publications are online, as well as access to professional licensing agencies and trade organizations. And whenever any of these entities update their print media, you can bet that you’ll have access to it online long before its printed version can reach your home mailbox.

Additionally, the internet is the best place to find updated job postings, contract postings, and requests for proposals. In fact, several trade organizations have devoted all or a portion of their site to researching and posting just this information. By accessing job and contract offerings online, you can get your bids in far ahead of those relying on printed versions (some of which may never come as more and more companies are doing all their business online).

Probably even more important than utilizing online construction information resources is building your own online presence. Plain and simple, if your construction business is not online, it doesn’t exist to a very big portion of your target California construction market. The internet has replaced the yellow pages and trade directories as a consumer’s first choice for contractor location.

The internet is the first place most people will go when they need to find a service professional. And if you think it’s enough that your construction company is listed in some online yellow-pages or trade directory, think again. Clients expect to be able to look you up on the ‘net’ first so they can make their own decision about your professionalism and scope of services. Even people who already know about your business will prefer to learn more about you online before hiring you. Without the presence of a website, your company will be looked upon as one that is ‘behind the times’, one that is unable to keep up with the innovative technologies of today-and they’ll assume the same in regards to your construction services.

For some California construction companies, computer technology seems dispensable; even though your construction services may not directly rely on a computer, your client outreach does. To continue to compete in today’s cooled California construction market, you need to realize that the only way to maximize your business’s job access and exposure is to embrace the technology everyone else is using.

A Beginner’s Guide to Buying Shares Intelligently

Practically everyone takes a flawed approach to buying stocks. So, practically everyone ends up with a rotten loss-making portfolio.

So here’s a beginner’s (or for that matter, even an expert’s) list of dos and don’ts…

But remember… you have to do lots of “donkey” work to become a successful “bull” on the stock markets. You must also have monumental patience and play stocks with a long-term perspective. Hoping to multiply money in quick time is a definite recipe for disaster.

1. First and foremost, you have to understand and appreciate that when you are buying stocks you are NOT buying some symbols on the screen. Instead, you are buying an underlying business. You are becoming a partner in that business. Therefore, you share its profits and its losses. That is why the term… shareholder.

2. It is but obvious that you have to buy sunrise businesses. If the products and services of any industry are not in demand, it would be foolhardy to become a partner in such businesses.

3. However, quite often, two companies in the “same industry” follow diametrically opposite paths… one profitable and the other losing money. The answer to this oddity lies in the quality of entrepreneurship. Good managements make good businesses. Bad managements fail frequently. Backing proven managers is, therefore, the most sacrosanct and inviolable principle of investing in stocks.

4. Sometimes even good managements and good businesses go through tough times. Therefore, apart from ascertaining that the company is running a good business and managed by a good team, you have to ensure that it makes good sales and earns good profits. Never invest in a loss-making company, unless you see strong signs of a turnaround in the near future.

5. Operational performance is one part of the story. The other significant aspect is its financial foundation. All businesses have to withstand the vagaries of the economy. For example, too much debt may not be an issue during good times. But it can seriously threaten even the existence of the company when economic conditions turn bleak. As such, strong balance sheets always make a dependable choice.

6. Wait… a company with excellent business, excellent management, excellent financial strength and excellent profits, is not the green signal to cut your cheque. No. There is one more critical parameter – its market price. If the price is too high relative to its underlying valuation, even excellent shares will not make money for you. A reasonable PEG ratio determines a reasonable stock to buy.

This is the safe, sensible and steady approach to buying shares. It would surely give you a lot more winners than losers. And, to succeed you don’t need ALL the players to do well. A few good performances, backed by at least average play from others will definitely win you most matches.

Buying Shares – Tips For Beating The Stock Market

In the present uncertain economic climate, many investors are wary of investing in the stock market. Some are even asking whether they should stop buying shares, and invest in items that are traditionally viewed as less risky, such as gold or government bonds. While it is true that investing in stocks and shares is risky at the moment, it should be remembered that such risk always exists, even in the middle of a stock market boom. There is no reason why the astute private investor cannot buy shares today and secure a handsome return overall in the long term, and this article offers tips on how to achieve that.

It is important to say that profit can’t be guaranteed on individual share purchases. For a variety of reasons – wider market conditions, global recession, issues specific to the company or group in question – it can happen that the price of a stock falls below the level at which it was purchased, and stays there. In this case, a classic strategy by small investors is to hang on to the stock until they can receive how much they paid out. This is wrong, as it can lead to an investment tied up long term in a moribund stock: it would be much better to sell at a loss and invest in shares that are likely to rise and make a healthy profit, over and above the money originally paid out. When buying shares it pays not to be too inflexible in strategy, but to be open to opportunities to make money, even at the risk of taking a temporary loss.

When buying shares initially, or when selecting which shares to buy, research is the key to avoiding losses. Never buy on a whim: always thoroughly research all of the issues surrounding any purchase. There are a number of different areas it is essential to research.

The first is to conduct general research on the stock market as a whole. Is the recent market trend for shares to rise or fall in price? Are any sectors performing better than others? Will any recent national or international events affect the performance of the market as a whole, or of individual sectors? All of these can determine which types of shares may be ripe for purchase. Places to research this information can be national newspapers and magazines, financial and political websites, and publications and websites particular to the stock markets themselves.

Once a sector or even individual company worthy of investment has been selected, then the relevant sector of the economy must be researched. Who are the big players? What are the trends in that sector? Is any new technology imminent that will change how the sector operates, bringing in new companies? Are any companies in danger of failing, and if so what is the cause? An effective analysis of these factors is of great use in finding a company to invest in whose stocks are undervalued and likely to rise. Sources of information can be trade magazines and websites, trade association publications, specialist scientific/technical magazines, and the usual financial publications and sites.

Finally, once a company has been selected it must be researched in detail before shares are purchased. What is the company’s trading record over the last five, ten or even twenty years? Is it profitable? Are there any potential threats to its income? Are there any new innovations it is developing that could boost income? How does it perform in relation to comparable companies in the same sector? All of these factors must be researched in detail before a decision is made to buy shares: a large amount of money could be lost if any corners are cut.

So it can be seen that many factors can influence the decision on which shares to purchase. Here are some key points to remember:

Be prepared to make a loss on individual stocks to ensure long term profits.
Never buy stocks and shares on a whim.
Research the stock market as a whole. What sectors are ripe for investment?
Research the target sector. Which companies’ share prices are undervalued compared to their potential?
Research the target company in detail. Are there any hidden problems? How does it compare to the rest of the sector?

Buying Shares

There are two different ways you can purchase shares; the first is from the actual company right when the shares are first being offered. This is when the company is trying to raise money by offering out shares to be bought by the public. The second way is to buy shares from other investors through the share market.

Before buying shares, you will probably need your funds available, as this will be required by most firms when buying shares of stock. In addition, you should also set up a trading account before trading as most brokers require this. Shares are always bought through stockbrokers, so before you start buying stock shares, you’ll need to find a stock broker.

There are many different types of brokers, some deal over the phone, some use post, and many use online services. Online dealing is the cheapest and most brokers use that nowadays. When choosing a broker, make sure that they are suited to fit your specific trading requirements, and that they provide you with quality information and quick execution when buying and selling stocks. Also, they should be well versed on the markets available and the different costs of services and shares.

When buying shares, many people like to do their own research on which shares to buy, they educated themselves and research on certain shares and then make well informed decisions on which ones to buy. People who do this will only need a broker to execute the actual act of buying the shares; these brokers are called execution-only brokers. These brokers will not provide you with any types of advice on which shares to buy, because the decision is yours, they’re only job is to buy or sell the shares for you. They may, however, offer a variety of different types of research tools and online tools to help get a background on the market.

The second type of share buying service is called the Rolls Royce service. These brokers will offer you a large amount of advice, they will help you to form trading strategies and try their best to suit your personal financial plan. These brokers will also help to advice you on buying shares and help monitor your investments, although the final decision rest on the client. There are some broker services however, which enable a broker to buy or sell different shares without having to ask for approval from the client. To do this, one must have a high amount of trust in the skills of the broker, this service can also prove to be very expensive as it is very highly tailored to the individual and require a lot of research from the broker.

For those who are very new to the market, you may need a broker that can help to advise you on which shares to buy or sell. Execution-only brokers are much cheaper services, however, and some brokers will not accept you as an advisory client unless you have a large amount of money to invest.

Shares Trading – How to Buy Shares

A share is defined in the world of finance as a unit of account for various financial instruments including stocks, mutual funds, limited partnerships, and REIT’s (Real Estate Investment Trust). In the English language the use of the word share to refer solely to stocks is very common and it has come to be synonymous with the word stock itself.

In laymen terms, a share or stock is a document issued by a company that entitles its holder to part ownership in the company. A share can be issued by a company or may be purchased from the stock market via a stock broker. We often hear the term “dividend” in the news media but people new to share trading can be sometimes be confused as to what exactly a dividend is. Dividends are payments made by a corporation to its shareholders. It is the portion of profits that the company has earned paid out to shareholders. Corporations can either re-invest their profits in the business, or pay profits out to the shareholders as a dividend. Often times, corporations will retain a portion of their earnings and pay the remainder as a dividend.

Dividends are one reason why share trading is so popular amongst investors and traders. If the company you own shares in makes a profit and pays out a dividend, you will earn the dividend and still hold your share position. If you choose to sell your shares you will make a capital gain in addition to the dividends you have earned over the years, a capital gain is the money you gain if your shares have increased in value since the time of purchase. However, it is also possible to incur a capital loss if you sell your shares at a price below what you bought them for. Proper research before buying shares in a company is crucial; if you find a company with good long-term growth prospects you can reap the benefits of increasing capital gains while simultaneously collecting dividend pay outs.

Buying shares is very easy today with ease of access that the internet has brought about. There are a few different ways in which to buy shares however, some people prefer to use a stock broker, this is a person or a firm that trades on behalf of the client, you tell them what you want to invest in and they will issue the buy or sell order. A full service stock broker will provide various services, at a fee, some of these services include investment research advice, tax planning, and retirement planning. There are also discount brokers who will allow you to buy and sell shares at a low rate but don’t provide any investment advice. Finally, for people who do not need or want assistance from an actual stock broker there are online brokers that allow you to buy and sell shares entirely over the internet with no need for a human stock broker.

Share trading has exploded in popularity recently with the advent of wireless internet and ever expanding Wi-Fi “hot spots”. It is entirely possible to now buy and sell shares in a company over certain cell phones that are internet enabled. For most retail traders and investors who spend the time to do a little extra research on shares of companies they are interested in buying, share trading is very lucrative and is a great way to diversify your finances. Share trading allows people to participate in all kinds of sectors, brands, and services. The ease and simplicity of internet share trading has made it possible for anyone who is interested in buying shares to do so.

Buying Shares – A Simple Share Buying Strategy

Have you been wanting to buy some shares but haven’t been sure when to take that leap? Taking the leap to buy shares can be hard to judge. So when do you buy into the market? It can be especially difficult for you if you are new to share trading. I think it is always a good idea to watch your chosen share for at least a week, maybe even a month if possible before deciding when to buy your chosen share. If you can stretch the watching out to the month it will be worthwhile as you will have a better idea of how the share works, and what price would be fair to buy the share at. If you wait much longer than the month you may miss an ideal buying opportunity.

This strategy is simple to execute and will ensure that you’ve bought at a fair price, it may not be the best price to buy the share but it will be fair. So here is a simple share buying strategy that you can use anytime regardless of how the market is tracking.

Divide the purchase of your chosen share into three parts. You will be buying your shares at three different prices. When buying shares this way it doesn’t matter when you get into the market, as it will even out the purchase price of your shares. If after your first share purchase the market goes up you have gotten you first share purchase at a discount, if it goes down then your next share purchase will be at a discount.

So while this may not guarantee that you will buy your shares at the best price it will give you an even buy every time. It doesn’t matter whether the stock market is bullish, bearish or even neutral you will have a high price, a low price and a price somewhere in the middle.

Tip: Set up a watch list

If your not sure what shares you would like to purchase set up a watch list of five to ten shares that you are interested in and watch how they perform. Most trading platforms will allow you to do this free of charge.

One Last Tip: Check the last five days

The Australian Stock Exchange website gives you the details of the last 5 days closing prices, high & low prices. It’s a great way to review where the share has been and if there are any trends. Most other stock exchange websites should be able to provide you with the same information.

Buying Shares Online

Post, telephone or online are just some of the media used to purchase and sell shares. These days however, people are taking more interest in buying shares online because it is the cheapest, fastest and most convenient way of dealing shares. Internet share dealing is considered as “execution only” which can be described as a system in which it is up to a broker who carries out instructions on your dealing like selling and buying shares online.

Some companies who offer internet share services, the activities are done in real time so that the client, in this case, you, are aware of the stock prices that you are paying for. There are many companies, however, that bundle up buying shares online, and most of them choose to trade during the end of the business day when the costs are down.

In and online share purchase, yours will most likely be a nominee account, which pertains to accounts held by another person for a beneficial owner. It is usually held by a stockbroker on your behalf. This is way your name won’t appear on the company’s register. However, since you are not registered, you will not receive company reports and any other perks associated to registered accounts. All the activities will involve a broker who will charge an agreed upon fee per stock that you buy and sell.

One important thing to remember when buying shares online is to always compare prices on the board. It will be towards your benefit to inquire about the current prices for basic trade and services applicable to those who trade daily called frequent trader service. There may be extra service fees like the cost of ISA wrappers that are self-selecting. Being familiar with these rates will help you become aware of the going fees and will also help you avoid hidden costs being attached at times when the offer is suspiciously low.

Buying shares online have gained wide popularity over the years because of the convenience it offers. For people who are busy and do not have the time to update, buying shares online is the best option for them. Aside from convenience, the internet offers numerous options in companies offering online share trading, this way; an interested buyer or seller can compare companies and what they have to offer.

There are many resources one can find on the internet regarding buying shares online. One of the most reputable companies that offer offline and online share trading is TD Waterhouse which is based in UK. The company offers convenient and inexpensive options for share dealing services and regular trading as well.

Learning the ropes of buying shares online is basically uncomplicated and easy even for those who do not have the experience. The rates are much lower than that of a broker who will buy and sell stocks for you, so you save more money which you can then use to buy more shares. Buying shares online is the most practical way when it comes to share trading.