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D. Jeffrey Craven

D. Jeffrey Craven

D. Jeffrey Craven, Esq., is a published author, judge pro tempore, and a principal of Thomas Craven PLLC. an Arizona law firm whose primary practice focus is businesses and the construction industry. To contact D. Jeffrey Craven, call (480) 222-2225, or visit www.attorneyphoenix.com. This article is for general information only and not to be construed as legal advice or the basis for formation of an attorney-client relationship between the reader and the author.

Legal Advice
Should You Sue Your Wood Flooring Customer?
Your wood flooring customer frustrations are beyond missed appointments or endless change orders. Is it time to sue them? Read this before you do.
October 3, 2016
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Legal Advice
Can You Sue the Poster of a Nasty Online Review?
Here are answers to the most common questions businesses ask when discussing legal remedies to poor online reviews.
January 27, 2016
Shutterstock.com | Evlakhov Valeriy
Legal Advice
It’s Your Copy, Right? Don’t Get Sued by Using Others’ Content
Wood flooring business owners sometimes use other peoples' images and words on their websites or promotional materials. That's a good way to get yourself sued.
October 7, 2015
Management
Company Vehicle Policy: Maintenance, Cell Phones and Insurance
How to sift through the legal issues when decided on a company vehicle policy.
May 21, 2015
Legal Advice
The Legal Pros and Cons of Subcontracting
As an installer, whether to work directly with the homeowner or act as a subcontractor is a big decision that requires careful reflection. Sure, asking industry colleagues for their experiences will help you decide. It might also confuse you more. What works for them may not work for you. Ultimately, the choice is a personal one. How much risk are you comfortable with? Are you OK ceding control of the installation? Consider the following pros and cons of serving homeowners directly and decide which choice better serves you.
January 29, 2015
Legal Advice
LLC vs. Corporation vs. Proprietorship: Know the Difference?
September 26, 2014
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Management
What the Supreme Court Says About Wood Floor Inspectors as Witnesses
An article from the December 2013/January 2014 issue talked about the importance of inspector certification and qualifications, arguing that the case U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals Inc.1 held that judges should consider four factors to recognize whether an expert has specialized knowledge. The citation was used in part to emphasize the importance of certification of inspectors, and specifically argued for the importance of the NWFACP. Here, I offer some legal critique and counter to that article.In response to feedback about the NWFACP inspection certification program, in 2013, NWFACP added the following following prerequisites to the inspector program:
March 25, 2014
Legal Advice
Worrisome Warranties: Who's to Blame When a Floor Fails?
In a Troubleshooting column about failed engineered flooring, there was an ongoing debate in the online comments about who is responsible for a failed installation. Inspectors blamed installers for product choice and failing to give care instructions, while some installers blamed manufacturers for inferior products. One commenter stated, "Not to mention even a bad lawyer would tear you or any manufacturer to shreds in court over selling a product into a market that cannot possibly meet the known normal conditions it will be used in. The federal UCC and merchantability laws deal with this quite clearly, trust me."
February 4, 2014
Legal Advice
Translating Legal Jargon in Construction Contracts, Part 2
In the last issue we started defining some of the common "legalese" terms that show up in contracts despite the growing "plain English" movement in the legal profession. Legalese is the use of old (archaic) terms, foreign-language words (typically Latin) and cumbersome sentence structure. The definitions provided below are the usual and typical definitions and are intended for general guidance only, as terms are sometimes redefined in contracts.
September 25, 2013
Legal Advice
Translating Legal Jargon in Construction Contracts, Part 1
Since the Nixon era, the plain-language movement has gained momentum, attempting to remove legalese from the law and from "legal" writing. "Legalese" is both the use of old (archaic) terminology or foreign-language words (typically Latin) and the use of cumbersome sentence structure. Plain English legal writing has been emphasized and taught in law schools for decades. Despite this movement, construction contracts continue to use many of these old terms. Defined below are some of these terms that are still commonly used in construction contracts. The definitions provided are the usual and typical definitions and are intended for general guidance only, as terms can be and are sometimes redefined in contracts. Because so many of these term are still in use, this article has been split into two parts, with the second half set to appear in the October/November 2013 issue.
July 21, 2013
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