Higgs, Fletcher & Mack LLP

QUARTERLY E-NEWSLETTER

Volume 3 Fall 2002

"Growing With San Diego
Since 1939"

INSIDE THIS ISSUE

» How To Avoid Litigation When Buying Or Selling Real Estate

» Construction Defect 'Fix It' Bill An Analysis Reveals Challenges and Flaws

» A Summary of New Legislation Affecting California Employers

» Attorney Craig Higgs Maintains Father's Passion to Solve Problems
32-year Litigator is Also a Highly Respected Mediator

Welcome to the fall edition of the Higgs, Fletcher & Mack LLP quarterly e-newsletter. As with our previous two editions, our intent is to provide relevant information that we believe will be of use to you. In this edition, attorney David Warren Peters offers advice on how to avoid litigation when buying or selling real estate; attorney James Reynolds critiques Senate Bill 800 and its impact on the construction industry; and attorney James Peterson outlines recent trends in employment law. Additionally, we profile attorney Craig Higgs, a respected mediator and son of DeWitt "Dutch" Higgs.

We encourage any comments or suggestions regarding how we can add value to the e-newsletter or any other service we provide. Please do not hesitate to contact me through the Firm's Web site, www.higgslaw.com, or by phone at 619.236.1551, with any follow up questions or suggestions on how Higgs, Fletcher & Mack LLP can serve your needs.

Very truly yours,

John L. Morrell, Chairman

How To Avoid Litigation When Buying Or Selling Real Estate

So, you have your eye, or hands, on a hot piece of property. Buy? Sell? Worry about litigation? Attorney David Warren Peters gives the inside scoop on how to avoid legal pitfalls when buying or selling real estate.

California real estate has always been a desirable investment and may seem even more attractive in light of recent uncertainty in the financial markets. An important difference between owning real estate and owning stock, though, is the risk of a lawsuit.
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Construction Defect 'Fix It' Bill
An Analysis Reveals Challenges and Flaws

Senate Bill 800, hailed by legislators, the building industry and attorneys alike as the "Fix It Bill," may reform how construction disputes are resolved in California, but its viability for both homeowners and homebuilders will not be known for several years. Attorney James Reynolds provides an analysis of the new law, its impact and its shortcomings.

Signed into law Sept. 20 by Gov. Gray Davis after unanimous endorsements this past summer by both branches of California's state government, S.B. 800 takes effect Jan. 1, 2003 and applies to residential construction sold on or after that date. There is no retroactive provision in the new law, and builders must prepare now for warranty obligations imposed on new construction currently underway in preparation for sale after the New Year. While the new law attempts to establish definitions for construction defects, pre-litigation procedures and responsibilities for both homeowners and homebuilders, the reality is that most construction defect litigation is initiated several years after the dwelling is sold. We likely will not see what benefit, or detriment, S.B. 800 brings to the table for 5 or 6 years.
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A Summary of New Legislation Affecting California Employers

Laws governing the workplace frequently change on both the state and national levels. Employers face a constant challenge of keeping abreast of new regulations to ensure compliance on their part, or else face significant consequences. Attorney James M. Peterson gives employers and update on recent changes from Sacramento, Calif., and Washington, D.C.

During the last several months, California's legislature and judiciary have been active on a myriad of issues that affect California employers of all sizes. In that regard, Governor Davis signed several pieces of legislation this past September, some going into affect immediately, the remaining phased in over time. This article will summarize some of that legislation.
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Attorney Craig Higgs Maintains Father's Passion to Solve Problems
32-year Litigator is Also a Highly Respected Mediator

He is the son of one of the Firm's namesakes, and is proudly walking in his father's footsteps. A profile on attorney Craig Higgs shows a continuing legacy in San Diego's legal community.

In the annals of San Diego's history is the Higgs family name - synonymous with law.

A namesake in the county's legal history as well as its most historic law firm patriarch DeWitt "Dutch" Higgs' inspiration upon others is legendary - so much so that a bronze likeness of the 60 year legal eagle observes the daily goings on in the Hall of Justice. Higgs was honored not only for his outstanding legal career, which included a term as President of the State Bar of California, but also for his civic involvement which culminated in serving 16 years on the University of California Board of Regents, including two terms as its Chair. After 60 years of practice, the Higgs name and the law are still parallel today.
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