Construction Law Attorney Wilkes-Barre, PA
We Represent Construction Professionals
A contract is the baseline of any construction project and establishes the relationship between project owner and contractor. Failure to adhere to the contract can result in a dispute that slows project progression and increases costs. All parties should closely read the contract, especially sections outlining the dispute process, and any questions about the contract should be discussed and adjustments made as necessary.
If a dispute arises, the contract’s dispute process may state that the first step is to try to resolve the issue in a private manner. If this is not possible, a third party can evaluate the problem and recommend a solution. Litigation should be the last resort, because it can delay the project.
Our attorneys can help structure contracts and provide insight as to how the contract might be interpreted in court. In addition, we can provide guidance in responding to issues of missed deadlines and low-quality work, as well as in handling disputes.
A mechanic’s lien can be placed on a property if the general contractor has not properly paid the supplier or subcontractor involved in the project. The supplier or subcontractor is then able to make a legal claim against the property. If you are a property owner facing a mechanic’s lien, or a subcontractor or supplier filing the lien, our attorneys will help you achieve favorable, fair results by representing your best interests.
"Attorney Hoegen is extremely professional and his business knowledge and experience have helped our business entities tremendously! We have used Atty Hoegen for all aspects of many different business ventures and he has made it all a comforting experience!"
William Balchune, Lake Scranton Urgent Care & Balchune Construction
Surface & Subsurface Ownership Rights
The Quarry Sales & PUC Shale formation in Pennsylvania offers large stores of natural gases that energy companies are striving to capitalize on. If you’re a property owner in this area, you can choose to retain rights over the minerals on your property, meaning you can exploit those minerals, or you can sell your mineral rights for profit. If you are planning to sell your land, mineral rights are usually transferred over with the sale of the title. However, you can also retain ownership of your land and sell your mineral rights by severing the mineral rights from your property title.
By retaining ownership of your property and severing your mineral rights, you can gain a significant tax benefit. Interested in more details? Our attorneys can help you navigate your mineral rights and help you make the best decision for your unique situation and goals.
Do I Have to Hire a Licensed Contractor for My Construction Project?
This is one of the most frequently asked questions about construction law. Some people may decide to work with an unlicensed contractor to save money on their construction project. However, this can backfire. For one thing, unlicensed contractors may not be able to receive a building permit. Additionally, construction completed by an unlicensed contractor might not pass inspection or receive a certificate of occupancy. That’s why it’s essential to make sure that a contractor is licensed before hiring home or her.
Is an Oral Contract Valid?
Sometimes people may decide to enter into oral contracts with their contractors. While an oral contract may be valid in some jurisdictions, it’s usually not in your best interest to get into one. An oral contract isn’t clear cut as a written one. Therefore, there may be more misunderstandings that can lead to problems. To protect yourself, take the time to draft a written contract.
What Is a Building Code?
A building code is a law that establishes minimum standards that have to be met for building design, construction, location and quality. There are also other codes for electrical, plumbing and fire safety.
What Should I Do If a Zoning or Land Use Issue Gets in the Way of My Construction Project?
If you find out in the middle of your construction project that there is a zoning or land use issue, you may feel very frustrated and unsure of what to do. In this situation, it’s important to consult a lawyer who specializes in construction law. He or she may help you file for a zoning variance.
How Do You Prepare for a Construction Project?
A new construction can be quite exciting. However, to ensure success and minimize issues, it’s important to prepare properly for it. First and foremost, you must establish payment terms that are clear and limitations of liability to protect yourself. You also should consider dispute resolution, warranty pass-throughs and other legal requirements.
Can a Contractor Charge Me More than the Original Estimate?
When you first consult a contractor about your construction project, he or she will estimate how much the entire project will cost. However, you must remember that it’s just an estimate. If certain issues come up during the project that require more work or supplies, your contractor may end up charging more than the original estimate. Although this may be disheartening, it is legal.
How Is a Building Inspection Different from a Home Inspection?
Some people get buildings and inspections and home inspections confused, but they are very different things. During a building inspection, an inspector will assess a building project to make sure that it complies with local building codes. As a construction law attorney can explain, a certificate of occupancy may sometimes only be given if the house passes the final building inspection.
However, home inspectors inspect an existing home before it is purchased. These inspectors don’t certify if a home follows building codes.
Quarry Sales & PUC
Energy companies, including Shell and Darco Energy, are seeking to capitalize on the immense natural gas potential in the Quarry Sales & PUC formation. They are purchasing mineral rights from property owners, as well as demanding natural resources such as sand and stone for hydraulic fracturing and construction purposes.
This is a complex project, and no matter the role you pay in the Quarry Sales & PUC development, whether you own property in the area or are an energy company, you need experienced construction attorneys who can protect your rights and best interests. We are heavily involved in the Quarry Sales & PUC project and look forward to ensuring you are receiving fair compensation.