When buying land for commercial real estate development, it is your responsibility to do your due diligence to make sure that the land is going to be a viable place for your proposed development project. While the sellers of land must make certain disclosures to you, the doctrine of caveat emptor, or buyer beware, also applies in the field of commercial real estate. This means it is up to you to do the research that you need into all aspects of the land purchase so you can make wise investments.
Read MoreAge discrimination is unlawful under the federal Age Discrimination in Employment Act. Employers are not permitted to discriminate against older employees in any of the terms or conditions of employment. This means employers cannot refuse to hire you, refuse to promote you, or force you to retire or take a demotion as a result of your age. Employers also cannot provide different benefits or job perks to workers based on their age.
Read MoreIf a tenant contests an eviction, you will need to go to court in order to get an order of eviction for the tenant who you want to force to leave your rental property. In many cases, tenants will not contest the eviction and the court will simply grant the order of eviction. When this happens, your only challenge will be to enforce that order. In other circumstances, however, the tenant might challenge the legality of the eviction and you will need to prove you have justification for evicting the tenant.
Read MoreA guaranteed maximum price construction contract is a contract in which the contractor agrees not to exceed a certain price for a construction process. The contractor assumes the risk of cost overruns caused by things like severe weather.
Read MoreQuid pro quo harassment occurs in situations where any of the terms and conditions of your job are conditioned upon agreeing to sexual favors or sexual behaviors. In some cases, it is easy to provide quid pro quo harassment occurred if an overt offer of job benefits or job advancement is made. In other circumstances, bosses or managers may be more subtle in their suggestions that sexual behavior can help you to advance.
Read MoreLiens are claims on property for nonpayment. When a lien is placed on a property, the owner of that property can be affected in profound ways. A bank will not give a mortgage to a property with a lien on it, for example. This can be a problem if you are paying for a property to be developed with a construction loan and you need to convert that loan to a permanent one at the end of the project. If a mechanic's lien is put on the property, you may not be able to get your loan to repay the construction loan when construction is complete.
Read MoreA contract creates private law, and the parties to the agreement must abide by all of its terms. You are legally obligated to fulfill the provisions of a contract, just as you are obliged to obey any law which is passed by the government. If you fail to fulfill your obligations, the other party to the contract can use the court system to obtain a legal remedy, including compensation for damages.
Read MoreUnfortunately, shareholder disputes can arise frequently in closely held companies, as well as in larger organizations. When a dispute arises, the future success of the organization could be affected because the disagreement could hurt the company's brand, make it impossible for co-owners to work together, and result in a delay in the making of important decisions.
Read MoreWhen an employee leaves your company, you may consider offering severance pay in exchange for an employee signing a severance contract or exit agreement. The severance pay could be a benefit that the employee is provided in order to create a legally valid and binding contract wherein the employee agrees to certain important contractual terms.
Read MoreThe Equal Employment Opportunity Commission defines sexual harassment as a “ form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.” Behaviors of an alleged harasser must meet certain criteria in order to be considered unlawful harassment. If a co-worker or supervisor simply asks you on a date, for example, this may not be considered harassing behavior that is actionable. Sometimes harassment is clearly occurring, but in other situations it is a more difficult judgement call to determine whether harassment happened or not.
Read MoreYour residential construction contract needs to be very detailed. It should include complete information on the cost of construction, on the timeline for construction, on who will be performing work, and on when the construction project will be completed. If you wish to ensure a project is completed on time, you may also consider including clauses to provide penalties for delays that result in the project getting off schedule.
Read MoreIt can be difficult to determine why you were not hired, as there may be many reasons why someone would be passed over for a job. However, if discrimination of any type played a role in you not being hired for a position you were qualified for, it becomes very important to understand whether the potential employer violated anti-discrimination laws.
Read MoreGoing to court should generally be a last resort when a partnership dispute arises, and/or should be reserved for cases where an agreement cannot be reached in any other way. Going to court could also become necessary if your partner has committed an egregious violation, such as breach of fiduciary duty or suspected fraud or embezzlement.
Read MoreIf a lien has been put on your property by someone who performed work for you, you need to contact an experienced mechanics lien attorney right away. A mechanics lien can impact your property rights in profound ways and can make you responsible for paying the contractor or subcontractor who put the lien on your property.
Read MoreIf you are going to be doing any type of land development, including new construction or remodeling, you need to make sure you do your due diligence. You want to make certain that your land can be used for the purposes that you intend and that your updates or your improvements are permissible. It is up to you to conduct your due diligence before acquiring property or entering into a contract for remodeling or building so you don't find yourself with land you cannot use or a building that violates the rules.
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