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Resolving disputes through mediation

When a construction disputes arise, many people choose construction mediation to resolve their differences. There are many types of mediation methods available, depending on the situation and the needs of each party. However, all forms of mediation offer parties a flexible process to confidentially come to an agreement on differences with the help of a neutralperson’s assistance.

Lyle Charles believes that the most important step in mediation is the mediation agreement. The mediation agreement should include the following;

An agreement by the parties involved in the dispute.

Or a recommendation by the court.

Or a clause in the contract of the parties.

Once the parties sign the mediation settlement agreement, this document can be used in court.

Mediation is favored because parties feel that they have control when it comes to settling a dispute and they can do so in a shorter period compared to disputes handled by the courts. Parties also save on legal fees as most mediations can be conducted with no legal counsel.

However, although either party chooses to solve an issue through mediation, they are not under any obligation to settle the case. All mediations are held “without prejudice,” which means that either party cannot be held responsible for anything said or acted upon at the meeting if a settlement is not reached.

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In the case of construction disputes, mediation can be a sensible option as usually,construction disputes involve more than two parties, and a mediation process can provide a voice to all in a less intimidating surrounding.

Guide for cleaning cushions

Written by The Foam Factory

A good looking is more than just about the right lighting, colors, cushions and furniture. It is about upkeep. Anything that is maintained properly lasts longer and looks better. This applies to all elements of your home, from the patio cushion to your couch. Here is a quick guide on cleaning your cushions:

Beat it

Use the stick from a broom or a paddle and regularly beat the dust out of the cushions. For cushions attached to foam, take the whole piece outside and beat it. Be careful with older fabric, as they are likely to be fragile and prone to tearing. Wear a dust mask to prevent inhalation.

Vacuum

Use a vacuum with a soft brush attachment for delicate old fabric that you cannot beat for fear of damage. This is the safest way to keep them clean safely. You can also clean the inner foam at the same time unless they require a foam replacement due to age.

Sun

Keep cushions in the sun now and then to remove moisture and kill any bacteria or mold. Avoid keeping cushions in the sun in general, as the prolonged sun exposure will weaken the fibers and fade colors. As long as you keep them in the sun to dry them out, there should be no problems.

These tips, done regularly, will keep your cushions looking better for longer. Every year or so, give them a deep clean with appropriate cleaning products.

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The Foam Factory specializes in manufacturing various foam products ideal for the indoors and outdoors. They provide a unique fast-drying foam that is ideal as an outdoor custom cushion.

The History of San Francisco’s Fillmore District

San Francisco’s Fillmore District has played an important role in the city’s growth since the 1800s. The District was created in response to the overcrowding problem faced by San Francisco throughout the latter half of the 1800s. Fillmore grew immensely, and became a commercial center after the 1906 earthquake because it was on the receiving end of very little damage.

Fillmore attracted immigrants of many descents, from Jewish and Japanese to African Americans (who later brought the jazz movement to San Francisco and the West coast). The Jews came from Eastern Europe, and many opened businesses on Fillmore and McAllister. The District had three synagogues at one point, and many considered it San Francisco’s Jewish community center throughout the 20th century.

Immigrants from Japan who settled into the Fillmore District also left their mark. Geary Boulevard slowly took on the persona of a San Francisco Japantown, where Nyogen Senzaki opened the first Zendo. That’s where Zen Buddhism was first brought to the US. However, the area also has a dark side. When President Roosevelt issued Order 9066, internment camps were built and Japanese citizens were rounded up and detained.

The homes those citizens left behind eventually became occupied by African Americans, who found work at local shipyards. They became the working class of artists and musicians that grew top talent like Ella Fitzgerald and Billie Holliday.

The Fillmore today remains a divisive place, as economic development stalls and gentrification looms. Much of the city is in a constant state of change, as new residents try to bring their own touch to San Francisco proper.


Bio: Retired Archbishop James Provence resides in Vacaville, where he blogs about the history of American railroads. James Provence also practices furniture making.

Four styles of sofas explained

17Written by The Foam Factory

Sofas are a great way to add comfortable seating to your living room, patio or bedroom. Although most people may think that there are very few styles of sofas, a quick visit to a furniture store will indicate that there is a long list of designs. Here are a few of the most common sofas explained.

Sectional sofas – These are multi-piece sofas that often come in pieces of 3 or 5. Most of these sofas can be arranged in a number of configurations. These sofas will come with fixtures that will help to easily connect to keep them from separating. The most common configurations are L or U-shaped. Add cushions and invest in replacement cushions if a large family uses your sectional.

Chesterfield – These sofas are quilted or tufted mostly on the back and the arms. The furnishings on these sofas can only be replaced professionally and therefore are mostly made of leather or a synthetic fabric.

Lawson-style sofa – This style of sofa is very popular and comfortable as it has separate pillows apart from those on the frame. It is suitable for a busy family as the couch cushions can be removed and cleaned at home.

Mid-century modern – These sofas were popular in the 1940s-1970s and have made a recent comeback. They now come in minimalistic designs with clean lines. These sofas are more suited for living rooms that are used for entertaining guests and for formal gatherings. This is mainly because they look expensive, but are not very comfortable and not suited for lounging.

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The Foam Factory specializes in manufacturing various foam products ideal for the indoors and outdoors. They provide a unique fast-drying foam that is ideal as outdoor couch foam.

Delay claims in construction cases: common pitfalls

lylecharles-2Written by Lyle Charles

80% of disputes in construction are due to delays in the project. In order to process construction delay claims correctly, it is important to understand the basic elements necessary to prove a delay claim.

Delays often occur when the period of time has been extended on a project, due to circumstances not anticipated when the parties entered the contract. The most common causes are differing site conditions; changes in requirements/design; defective plans and specifications; weather conditions that stall construction; unavailability of labor/ material/ equipment and interferences by the owner.

This will force the contractor to delay the project, causing him/her to spend additional funds to complete the project. These costs can include the costs of idle workforce/equipment; additional office overheads etc. To get approval for the extension and the incurred costs, contractors will need to meet specific prerequisites.

Here are the most common types of delays

Excusable delays – Are delays written in the contract and can include design errors /omissions, changes initiated by the owner; unanticipated weather and natural disasters.

Non-excusable delays – Are those that the contractor has assumed the risk under the contract.

Compensable delays– If a delay is compensable, it will be stated in the contract and the contractor can recover the costs of the delay.

Non-compensable delays – These are stated in the contract and are delays that the contractor will not be compensated for. For example, the acts of a negligent subcontractor that resulted in delays and damages.

Concurrent delay – Are those that delay the project, due to an independent delay occurring during the same time.

To handle your claims on a large construction project it is best to get advice from a reputed construction claims management team.

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Lyle Charles is an expert in commercial and residential construction, and is certified in construction mediation and construction claims preparation.

5 steps to choosing the right bed

Written by The Foam Factory

People spend a third of your lives sleeping and therefore choosing the right bed and mattress is vital to getting a good night’s sleep. Here are some areas to consider before choosing your bed.

Don’t just look at it, lie on it – It is important that you always try your bed and mattress before you buy it. Although the salesperson may sell you on the fact that you are getting a discount memory foam mattress with your bed for a low price, it is always best to give your bed a try. The way a mattress and bed feels will greatly depend on a person’s weight and build and therefore its feel, is unique to you.

Choose a bed together – For those who are sharing a bed, you should choose your bed with your partner. This way both you and your partner get a chance to lie on it and assess its comfort.

Think about the size of the room – Your bedroom’s size should be taken into account, because if you have a small bedroom, a large bed will leave you with little or no space.

Make the most of the space with storage beds – For those who are short on space, choose a bed with storage at the bottom, sides, and bed head.

Give yourself room to spread out – For people who like space, it is advisable to choose a king size memory foam mattress and bed.

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At The Foam Factory, you can find just about every type of cushion you could ever need and each one is more comfortable than the last. So whether you need memory foam bed toppers, replacements, an option for your RV, something to sleep on in your bedroom or just about anything else, this store will have what you’re looking for and then some.

 

How to Purchase a New Couch Without Any Regrets

Buying a new couch means spending a substantial amount of money. It’s best to do it right the first time.

new-couch-purchaseA new couch is a major investment. No matter what type you get, you’re likely to spend hundreds of dollars at the least. So, in order to maximize your investment, be sure that you pick out the right type of sofa that will fit your personal preference. Here are some tips on what to look out for on your next purchase.

Purchase a Solid Frame

The frame of a couch is essentially the core of the entire thing. A sturdy frame means you’ll have a long-lasting couch on your hands. Remember, soft wood like pine wood, may be cheaper, but it’s also less durable and will end up giving you wobbling problems after several years. The pricier hard wood such like ash or beech are more durable and will give you a longer lasting couch in the long run.

Check the Cushions

Polyurethane foam is one of the most common types of cushion foam used today. It’s a low-cost, easy to care for cushion filling that provides optimal support. However, if you want something more comfortable and longer lasting, look into purchasing high-resilient (HR) foam.

Although it’s slightly more expensive, remember that you’re getting what you pay for. HR foam inserts are known to remain plump, require little to no maintenance, and will always rise after being flattened for a period of time. Don’t skimp out on spending a little extra cash to allow for a significant amount of comfort. It’ll be worth in the long run, no doubt about that.


The Foam Factory is the most competitive foam distributer on the market today. For couch cushions and other foam products, visit The Foam Factory online today.

How to Avoid Court When Solving Construction Claims

avoid-court-construction-delayConstruction delay claims can cause trouble for any construction outfit, regardless of size. These claims usually deal with some mismanagement of scope of work or an injury on site, and they can go to trial if both parties don’t make every possible effort to avoid that outcome.

The reason construction mediation is preferable to trial is that both parties will require significant financial resources to acquire representation in court and make their case. In mediation, it’s much easier to make this case in front of a third party without expert witnesses or attorneys running up a tab. For most companies, mediation should be the ideal outcome for any claim that goes beyond the filing period.

The key to avoiding trial is in construction claim preparation. It’s crucial that you document every aspect of the contracted work, as well as your fulfillment of that contract. This will save you’re the expense of going to trial more than any other tip on this page. Tracking the scope of work, as well as all contractual obligations, should be something you do on a regular basis to make sure the project requirements are being fulfilled.

It’s surprising how many companies fail at tracking this basic information.

If both parties still have a disagreement after a claim has been filed, mediation and trial may be your only options left. Mediation is still preferable because it’s faster than trial. Trial also brings additional costs that mediation doesn’t even deal with.


Lyle Charles Consulting has more than 30 years of experience owning and managing construction companies, construction mediation and more.