Articles & Resources

  • France’s Contribution to Contracts

    While the French have made countless fantastic contributions to cuisine and culture, many of which can be easily recited by people around the world, one particular contribution from the land of champagne and baguettes is of  a less auspicious nature. It is France’s one contribution to commercial contracts… the force majeure clause.  This ubiquitous, but all but ignored, provision finds ...

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  • Addressing Economic Downturns in Commercial Real Estate

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    As a result of the economic downturn, there have been cases of borrowers using the “Force Majeure” clause to excuse performance. 

     

    In all of the cases, both sides could have avoided much expense and uncertainty if the force majeure clause specific addressed economic downturns and economic downturn-related events.  The lender should obviously avoid the expense and uncertainties involved in ...

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  • Indemnification: The Ultimate Risk Shifter

    One of the simplest ways to define a written contract is that it is a risk shifting device. When you think about it, everything beyond the terms of the consideration to be exchanged between the parties, which is essentially all that is required to form an enforceable contract, are more or less risk shifting provisions. For example, with respect to construction contracts, beyond the scope ...

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  • Buying or Refinancing Your Home?

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    Pay Attention to the New Rules for Mortgage Originators Beginning April 1st

    Amending the Truth in Lending Act’s Regulation Z

     

    Originally passed in 1968, the Truth in Lending Act (“TILA”) is a federal law which promotes the informed use of consumer credit by requiring disclosures to consumers about the terms and costs of their loans. Major new changes ...

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  • Mediating Construction Disputes - Saving Contractors Time and Money

    Today every construction project seems to include a dispute of some kind or another.  In this highly competitive construction economy, the margin between a profitable job and a break even job (or worse) is usually thin.  Contractors are often but one protracted dispute away from real financial jeopardy.  Whether the dispute arises between a subcontractor and a ...

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  • PA Decennial Filing

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    Pennsylvania law requires certain entities registered to do business in Pennsylvania to file a Decennial Report with the Department of State in all years ending in the numeral one (1). Thus, the year 2011 is the required year for filing the Decennial Report.  

     

    All domestic and foreign profit and non-profit corporations, limited liability companies and limited partnerships which have ...

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  • Attention Rental Property Owners

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    NEW IRS FORM 1099 REPORTING REQUIREMENTS FOR 2011

     

    As reported in our last newsletter, the Small Business Jobs Act of 2010 provides broad tax breaks and incentives for small businesses and entrepreneurs.  However, there are many provisions of the Act that put in place new revenue creating opportunities for the federal government.

     

    One of those revenue generating provisions ...

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  • Subcontractor Waivers and Preservation of Claims

    The requirement that subcontractors sign and submit Subcontractor Lien Waiver and Release forms when applying for progress and final payments is commonplace on construction projects. A recent case out of the United States District Court for the Western District of Pennsylvania has again made it abundantly clear that subcontractors must preserve any and all claims that they believe they have ...

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  • Employee v. Independent Contractor: Now It Really Matters

    Following a long series of amendments in the legislature, Governor Rendell recently signed House Bill 400, to be known as The Construction Workplace Misclassification Act (CWMA) which will go into effect February 10, 2011. Under the CWMA, the legislature has sought to bring about clear guidelines for contractors when classifying workmen as either employees of the contractor or independent contractors. ...

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  • The Small Business Job Act of 2010 -- What you Need to Know

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    On September 27, 2010, President Obama signed into law the Small Business Jobs Act of 2010 (the “SBJA”). The SBJA, attempting to provide a boost to the economy, eases credit lending, extends certain SBA loan provisions and provides billions in lending support and provides tax incentives for small business owners and entrepreneurs.  And, for business clients who occupy their own ...

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Harrisburg Magazine Readers' Choice 2011