The term “commercial litigation” covers a wide variety of disputes, making it a relatively large area of the law. Most types of commercial litigation can be extremely costly, both in terms of time and money, for the parties to the dispute. Not surprisingly then, there is often pressure to settle commercial litigation out of court. No one can force you to settle any type of litigation out of court; however, it is often in everyone’s best interest to work toward an out of court resolution to a commercial dispute.
Read MoreIf your employer fired you and only gave other employees a warning for the same conduct the issue is whether the disparate treatment was based on a protected trait or not. For instance, if you were singled out for termination because you are of Middle Eastern decent, because you are female, or because you are 55 years old, you could have the basis of an employment discrimination lawsuit. On the other hand, if you were singled out because you work performance prior to the conduct in question was poor compared to the other employees, or for any other non-discriminatory reason, your employer’s conduct was perfectly legal.
Read MoreA partnership is easy to form and much easier to maintain, from a recordkeeping standpoint, than a corporation. Profits and losses in a partnership pass through to the partners and are reported on the partners’ individual tax returns. One of the biggest drawbacks to being a general partner, however, is that you will be personally liable for any debts, obligations, or liabilities of the partnership. Another potential drawback is that a partnership is often not as attractive to investors as a corporation is should you wish to expand the business in the future.
Read MoreYou are a hardworking, conscientious, and reliable employee. Your job performance, in your opinion, is equal to, or exceeds, that of your co-workers. Bonus time comes around, however, and everyone but you receives one. You find yourself wondering “I am the only one who did not get a bonus. Is this legal?” Your questions is perfectly understandable. The answer, however, is not a simple “yes” or “no.” Instead, the answer is “it depends.”
Read MoreIf you plan to incorporate your business you will be required to conduct a name search prior to submitting your incorporation documents. Even if you do not plan to incorporate your business you may still wish to register your chosen name so that no one else may use it. In the Commonwealth of Pennsylvania name searches as well as registering a business name is done through the Department of State, or DOS.
Read MoreWhen you started your business you likely gave very little thought to how you would end, or terminate, your business should the need arise to do so down the road. Now, however, you have decided to do just that – bring your business to an end. You find yourself wondering “How do I dissolve an LLC partnership in Pennsylvania though?” Dissolving an LLC in Pennsylvania requires you to do more than simply close the business doors. While it is always best to consult with an experienced Pennsylvania business law attorney before attempting to wind up your LLC on your own, the following are common considerations that are frequently involved in dissolving an LLC partnership.
Read MoreA construction project, regardless of size and scope, can be a daunting undertaking. From concept to completion can take months – even years – and will require a seemingly endless number of decision to be made. Often, the owner of the finished project is either too busy to adequately monitor the progress of the project or lacks the knowledge and experience to effectively do so. When that is the case, an owner’s representative may be used by the owner. What exactly is the role of an owner’s representative though?
Read MoreUnderstandably, employers want to protect the investment they have made into their company. As an employee, you may not think of yourself as a threat to your employer; however, your employer may see you as such. If so, you may be asked to sign a non-solicitation or non-compete agreement prior to starting work for an employer or at any time after to begin working for the employer. Before you agree to sign the agreement though, you should have a firm understand of the difference between a non-solicitation agreement and a non-compete agreement.
Read MoreOften, the end result of civil litigation is a judgment. A judgment is a court order stating that one party to the litigation owes the other party money. For example, if you have a landlord tenant dispute you might settle the dispute by filing a small claims lawsuit. At the hearing, the judge might award you a fixed amount of money if you prevail at the hearing. That order then becomes a judgment against the other party to the lawsuit. Obtaining a judgment, however, is only the first step in receiving your monetary award. The next step is to enforce the judgment.
Read MoreIf you are a business owner, sooner or later you will end up in a dispute. This is not a reflection on your business acumen nor on your product or service. Instead, it is simply the law of averages. If you stay in business long enough you will eventually end up in a full blown legal dispute with a client or customer, a supplier or sub-contractor, or even a business partner. With this in mind, the obvious question becomes “How do you resolve a business dispute?”
Read MoreIf 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
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