If you are considering the purchase or lease, of real property, one of the many factors you should consider when making a decision is how the land is zoned. Zoning, after all, determines how the land can be used. If you plan to open a business, for instance, you do not want to purchase or lease land zoned as agricultural or residential use. If the land you are interested in is not zoned for your intended use all is not necessarily lost though. A Conditional Use Permit may be the solution.
Read MoreDisabled workers in the Commonwealth of Pennsylvania are protected under both state and federal law from being discriminated against in the workplace. Federal law goes one step further by requiring employers to make “reasonable accommodations” for qualified disabled employees. If you are a disabled worker and you are having a difficult time getting an employer to provide you with the required accommodation you are likely wondering “How do I make my employer give me an accommodation?”
Read MoreOwning a business has long been considered part of the “American Dream.” If you are planning to start your own small business you will soon need to make a seemingly endless number of decisions relating to the business. One of the most important of those decisions is what type of business structure to choose for your new business. Choosing which type of legal entity you plan to use for your company is a huge decision. One common question new entrepreneurs frequently have is “Are the various business structures taxed differently?”
Read MoreAlthough any industry has its share of disputes and litigation, the construction industry has more than most. The reasons for this are varied; however, if you are part of the construction industry the important thing to remember is the need to be prepared for the possibility of a dispute because litigating a dispute can be expensive. One question parties to litigation often have is “Does a construction contract allow the prevailing party in a lawsuit to collect attorney fees and court costs?” While there is no universal answer to that question, it is common for a construction contract to have an “attorneys’ fees” provision.
Read MoreA design build contract, simply put, is one in which the design-build team works under a single contract. The design build team then works directly with the project owner to provide the necessary construction services. By using a design build contract, the entire project works under one contract, creating one single source of information, instructions, and rules for the project. A design build contract contrasts sharply with the way in which many construction projects are handled wherein the owner contracts with a general contractor
Read MoreUnfortunately, business disputes are extremely common in the United States. Regardless of the underlying issue in the dispute, most Plaintiffs are ultimately seeking monetary damages in the lawsuit. If you are contemplating filing a lawsuit against a company, and are planning to ask for monetary damages, you are undoubtedly hoping that the company has sufficient assets to pay the judgment should you be victorious. What happens though if the company does not have sufficient assets? Can you also sue the individual who owns the company? The answer is somewhat complicated.
Read MoreWhether you are planning to purchase land, considering building on land you already own, or are planning to sell land, it is imperative that you are aware of any legal restrictions that may affect your rights to the land. One such restriction is an easement. Most developed land is subject to one or more easements and some undeveloped land may even me subject to an easement. It is important that you understand what an easement is and how it can impact your ability to use the land.
Read MoreDeciding to resign, or quit, a job is usually a decision that is only made after careful contemplation and a weighing of all the factors involved. If you work for an employer that routinely gives bonuses to employees you may include issues related to your bonus in those factors. Specifically, you may be wondering “Can I get my bonus after I quit?” Despite the fact that this is a relatively common question posed by employees, there is not always a clearly defined answer. The Pennsylvania Wage Payment and Collection Law, however, does provide some guidance on the issue.
Read MoreBoth federal law and the Pennsylvania Human Relations Act prohibit sex-based employment discrimination. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex and applies to all facets of employment, including the hiring process. As such, if an employer made a decision not to hire you based on your answers to the question regarding your childcare arrangements that decision would likely qualify as sex discrimination.
Read MoreWhen the owner of real property fails to pay the tax obligation on the property the tax authority may eventually have the right to foreclose on the property. At the end of the foreclosure process the property will be sold at a tax sale. Whether you are a property owner, a lien holder, or a potential purchaser you may wish to know how tax sales work in Pennsylvania. In the Commonwealth of Pennsylvania there are actually two different types of tax sales – the “Upset Tax Sale” and the “Judicial (Free and Clear) Tax Sale” – both of which are conducted like any other auction with the highest bidder “winning” the property.
Read MoreA lien attached to real property can create an issue when the owner of the property wishes to sell the property because liens must be satisfied before, or during, the sale of the property. All liens, however, are not created equally. Liens are paid according to their priority. If you are a creditor who currently has a lien against a property, or who is planning to attach a lien to a property in the Commonwealth of Pennsylvania you may need to know the rules that control lien priority in Pennsylvania.
Read MoreWhether you are purchasing a “starter home” or investing in commercial real estate, the amount of money that is involved will be substantial. Additionally, you will likely be making a long-term financial commitment to repay that money. With such a large amount of your hard earned money on the line you clearly do not want to make a mistake – and mistakes can happen during the sale and transfer of real property.
Read MoreOne of the biggest concerns when you purchase real property is that the title conveyed to you is free and clear of liens and other encumbrances. Typically, a buyer purchases title insurance to protect against defects in the title. Be aware, however, that a title insurance policy is not an absolute guarantee that you will receive a clear title because there are limits and exclusions with title insurance.
Read MoreFor most people, purchasing a home will be the single most expensive purchase they will make during their lifetime. Along with being expensive, a home is a long-term commitment in terms of time and energy. With all of that in mind, it only makes sense to make sure everything relating to the purchase of the home goes as smoothly as possible. It also means you should take all of the steps available to protect your investment. Purchasing title insurance is one of those steps. Although you have likely been told you need to purchase title insurance, you probably have very little idea of exactly what is included in your commitment.
Read MoreOwning a home has long been part of the “American Dream.” The home buying process, however, can sometimes seem like a bad dream without the right people helping you and explaining the process along the way. Because few people have the funds to pay for a home purchase outright, the vast majority of buyers obtain a mortgage loan to finance the purchase. Typically, a buyer will start working with a lender weeks, even months, before the actual purchase occurs to ensure that the lender is willing to lend the necessary funds. What happens though is the lender wants to change the terms of the mortgage loan before closing? Can they do that?
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