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CP Law Group

RISK MITIGATION SERVICES

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Risk Mitigation Services

Our legal services go beyond standard protection. By providing proactive risk management services, we aim to save you money by preventing costly claims and litigation. Should disputes arise, our experienced legal team is ready to provide robust defense, ensuring your assets are protected both before and after a potential claim.

Client Services:

Lease Review

​Our expert legal team provides comprehensive lease review services for commercial real estate property managers and owners. We ensure that every lease agreement is thoroughly reviewed, protecting your interests and helping you make informed decisions.

Notice of Violations (NOVS)

Numerous NOVs and/or NOVs that are not addressed in a timely manner are a driving force in habitability lawsuits. The likelihood and extent of exposure directly correlates to the existence of one or more NOVs. Avoiding NOVs and taking appropriate action upon receipt thereof, is critical to avoiding claims and minimizing exposure in the event thereof.

Property Inspection and Defect/Deficiency Identification

We work diligently with our partnered claims and inspection teams to uncover potential risks, helping you maintain the integrity and value of your property.

Vendor Contract Review

Property owners and managers often assume obligations and waive rights by signing contracts without legal guidance. This can impact the scope of responsibility, right of defense and indemnification, general liability insurance requirements, and waivers of liability. This is a problem frequently encountered with snow and ice removal vendors, who look to property owners and managers to assume liability, and the duty to defend and indemnify, in the event of a slip and fall.

Recognizing When You Need Legal Support:

Recognizing that timely intervention can significantly reduce risk and potential costs, we encourage property owners to reach out to CP Law Group in a variety of situations. Here are some key indicators that it's time to connect with our expert legal team:

Receiving Notices of Violation

  • Notice from the Department of Public Health

  • Building code violation notices

  • Fire marshal notices

  • Environmental violation notices

  • ADA (Americans with Disabilities Act) compliance concerns or violation notices

Contractual Concerns & Reviews

  • Before signing new lease agreements (as landlord)

  • Upon receiving a lease agreement for review (as landlord)

  • When drafting or reviewing property management agreements

  • Before finalizing vendor contracts (maintenance, security, etc.)

  • Concerns about unfavorable clauses in existing contracts

Potential Liability Issues & Risk Assessment

  • Following an incident on your property (slip and fall, injury, etc.)

  • Identifying potential safety hazards or maintenance issues

  • Concerns about inadequate security measures

  • Failure to maintain necessary documentation (e.g., inspection logs, video surveillance)

  • Questions about insurance requirements and liability coverage

Pre-Litigation Disputes & Concerns

  • Tenant disputes or potential breaches of lease

  • Neighbor disputes impacting your property

  • Demand letters or initial contact from potential claimants

  • Concerns about potential litigation based on past incidents or known issues

Proactive Risk Mitigation

  • Seeking a comprehensive property inspection for defect/deficiency identification

  • Wanting to implement or improve risk management protocols

  • Needing guidance on best practices for property safety and maintenance

  • Seeking training for property management staff on risk mitigation

Did you know...

Video Preservation:

There is no stronger evidence to combat a premises liability claim than video coverage.

 

Often, coverage of a fall can be used to prevent a claim or, at worst, greatly minimize the exposure therefrom. Yet, on countless occasions, property owners and managers fail to retain the footage. Without the footage, the most powerful means of defending the claim is lost. But worse - under some circumstances, the plaintiff may be permitted to argue that had the video been preserved, it would have been helpful to his/her case.  In other words, failing to preserve video of an incident may be more harmful than not having a camera system at all.  

Landlord Responsibilities & Tenant Rights

Pursuant to California Civil Code 1942.4, a landlord cannot collect or demand rent or serve a three-day notice to pay rent or quit when the unit is substandard, and an outstanding notice of violation has gone unabated for over 35 days. The possible consequences for a violation under this section are severe and include reasonable attorney’s fees and costs.

 

In order to avoid violations of 1942.4, we recommend property owners and managers perform regular inspections, immediately respond to tenant requests to repair any condition enumerated in Civil Code section 1942.4, and document all communications with tenants and vendors relating to repairs.

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