Q & A's
- QUESTION: What is a "gross-up" provision and why is it included in commercial leases?
- QUESTION: Even though my real estate loan is current, the lender has stopped funding due to "increased risk." What are my rights?
- QUESTION: There is currently a great opportunity to acquire real estate as a result of the recent number of loans that are on the brink of foreclosure. Real estate developers might have the ability to purchase these loans at a discount and then foreclose on the real estate securing such loans. When purchasing such loans with the intention of foreclosing on the real estate, what protections should a purchaser request be included in the agreement of sale?
- QUESTION: The real estate tax assessment on my shopping center was just increased, and I don't know why. What may I have missed?
- QUESTION: What issues should be considered when forming a joint venture?
- QUESTION: If I have a piece of land in Pennsylvania that I can not subdivide, can I create a condominium and sell separate parcels.
- QUESTION: A prospective tenant has asked to "cap" annual increases in common area charges. Should I agree?
- QUESTION: What is an estoppel certificate and why are they essential in purchasing or financing a commercial property?
- QUESTION: I'm both a Landlord and Tenant. As a Landlord, how do I protect myself if I'm unable to deliver possession of premises by a fixed date? As a Tenant, how do I ensure my ability to terminate the lease and/or be compensated if Landlord fails to timely deliver premises?
- QUESTION: How can I assess the risks associated with developing real estate which is subject to subsurface mining rights?
- QUESTION: Is my "triple net" lease really a net lease?
- QUESTION: Why use a letter of intent?
- QUESTION: I own a rental property located in a commercial area, but it is subject to a restriction in my deed that says it can only be used as a residence. May I still request the Township to change the zoning to commercial and may I simply ignore the deed restriction?
- QUESTION: My company is in the process of developing an office building that, once completed, will be leased to business professionals. We plan on pursuing a LEED certification for the project and would like to market the project as a "green building" to potential tenants. Is there anything we should be concerned about with respect to the project that we might not otherwise expect from a traditional building project?
- QUESTION: The use and dimensions of my commercial building pre-date the zoning code. I am told that no changes are permitted without zoning board approval. Is this true?
- QUESTION: After many months of discussions, the Township still refuses to accept dedication of the development improvements I constructed. Now I am stuck plowing the roads for another year. Do I have any remedies or is it "wait until next year"?
- QUESTION: Given the current softness in the market, more contract purchasers are trying to renegotiate or simply walk away from their contracts. How do I counter the various, and sometimes creative, arguments challenging the enforceability of my agreements?
- QUESTION: Can the zoning classification of land be challenged by opponents to development?
- QUESTION: I am considering purchasing a property, but the existing building and/or site amenities do not meet current municipal zoning ordinance requirements. I am told that the property is nonconforming, so there is nothing to worry about. True?
- QUESTION: Does the filing of a condominium declaration against a parcel of property subdivide the property?
- QUESTION: I understand that there is a new law in Pennsylvania pertaining to contractors performing home improvements, what is it and should I worry about it?
- QUESTION: If a payment is not made on time to a contractor on a project, does the party withholding payment have any exposure to claims beyond the amount owed?
- QUESTION: It is a tough economy out there right now, what can I be doing to protect my business and ensure I get paid for my work?
- QUESTION: I run a mid-sized company that owns construction projects in several states across the region. These days, it seems that lawsuits are virtually inevitable on any sort of sizable project, increasing my cost to do business and my aggravation. A friend of mine suggested that I should insert a clause into my contracts which would require that any lawsuits arising from our construction projects be brought in the state in which my company is headquartered, regardless of where the project is located or where the contractor is from. She suggested that if I do so, I won't have to worry about different laws in different states or the expense involved in litigating away from my home turf. What do you think of her idea?
- QUESTION: If I include a liquidated damages clause in my construction contract, can I also recover my actual damages for breach?
- QUESTION: I am the developer of a project for the construction of an office building. Recently, a subcontractor on the project sued me, claiming that he hasn't been paid for the excavation work he performed on the project. I have never dealt with the subcontractor directly, and his contract was with my general contractor, not with me. Is his payment claim against me valid?
- QUESTION: As the developer of a new building under construction, what are the insurance liability issues I should be considering?
- QUESTION: I am the owner of a project for the construction of a commercial building. The project involves several contractors and different phases of work. Unfortunately, the project has been significantly delayed as a result of deficient work by one of the contractors on the project. I plan on bringing a lawsuit against the contractor to sue for damages incurred as a result of delays to the project. Will I need to retain an expert witness?
- QUESTION: I am developing a new commercial building. Should I require my architect to carry professional liability insurance?
- QUESTION: If the owner/developer of a private construction project has not paid its general contractor, can an unpaid subcontractor recover on the project's payment bond even if the subcontract contains a "pay-if-paid" clause?
- QUESTION: What is the legal significance of the phrase "intending to be legally bound" commonly found in an agreement?
- QUESTION: Can an out-of-state corporation file a lawsuit in Pennsylvania without being registered there to do business?
- QUESTION: Does title insurance insure the "value" of the property?
- QUESTION: What Do Notaries Do?
- QUESTION: Are Computer Consultants Liable For Professional Negligence Like Lawyers And Accountants?
- QUESTION: I own a small business with only five employees. Do I really need to have an employee handbook?
- QUESTION: Should an employer have a contract with his independent contractors?
