In the construction industry there is virtually an endless number of things that can go wrong. There are also numerous opportunities for disagreements between the various parties involved in a construction project. Executing written contracts is one way to reduce the likelihood of problems or disagreements. Requiring different types of bonds is another. In fact it is very common to require a general contractor to take out a payment and performance bond before beginning a construction project.
Read MoreWhen it comes to developing or improving real property, zoning regulations are everything. Before you purchase a piece of property, and certainly before you start designing plans for the property, it is imperative that you know how the property is zoned and you understand the restrictions that apply to how the property is zoned. If the current zoning will not allow you to develop or improve the property in the manner in which you wish, a variance might be the answer.
Read MoreLocal zoning regulations determine how a piece of real estate may be used. Real estate is typically broadly categorized into several different types of zoning, including agricultural, industrial, commercial, and residential. Within those categories, all property is further sub-divided according to the allowable uses for the property. A property owner must conform to the zoning restrictions for the property.
Read MoreWhen you subdivide property, it basically means you take a parcel of land and turn it into two or more tracts of land. Typically, subdividing is done by a developer who plans to build a “subdivision” on the land. Although this sounds simple enough, it can be a complicated process because of the legalities involved. You cannot simply decide to split your land into numerous legal parcels of land. In Pennsylvania, subdividing land requires you to legally separate the land.
Read MoreIf you have a decent sized plot of land you may have a goldmine and not even realize it. Raw land is frequently far more valuable than people realize if the location is right and the land I suitable for development. If you are considering developing the land you own your first inquiry will likely be “What are the processes required to develop land in Pennsylvania?” Exactly which processes or steps are required to develop the land you have will, to some extent, depend on whether you plan to develop the land for personal use or subdivide the land.
Read MoreWhether you plan to add on to your existing home, build your dream home, or develop a commercial complex, you will likely need to consult with an architect before your project actually gets off the ground. Unless you have worked with one before, however, you may not really understand what the role of an architect is. Think of an architect as the artist and a building or home the canvas. An architect’s role is to work on a project from concept to design.
Read MoreIn the construction industry, more so than in many other industries, disputes are commonplace. When disputes arise, they can become extremely costly, both in terms of time and money, for everyone involved if they are not resolved quickly. One thing that can prevent an obstacle to the resolution of construction disputes is the fact that it is very common for the parties involved to be from different jurisdictions. Where a dispute is resolved can have a direct impact on how it is resolved, with each party wanting the “home court” advantage. The question then becomes “ In a construction contract who decides where disputes are resolved?”
Read MoreDisputes in the construction industry are very common. In fact, they are so common that most construction contracts have a lengthy section that includes provisions for how a dispute between the parties is to be handled should one arise. Unfortunately, some people fail to thoroughly read through those provisions prior to signing a contract. It then comes as a surprise down the road when they are told they are required to arbitrate a dispute over a construction contract; however, the terms of their contract may, indeed, require arbitration.
Read MoreCASPA was passed by the Pennsylvania legislature back in 1994 and was intended to provide contractors and sub-contractors with an alternative to sitting around and waiting or filing a mechanic’s lien. CASPA does many things to encourage payment, including imposing a staggering 24 percent interest (one percent per month on past due balances plus another one percent in penalties) on overdue payments if the contractor must pursue the payment. Owners are also required to pay contractors for all items or work that are not in dispute under CASPA.
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 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 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 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 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.
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