Breadth of Knowledge for Complex Matters.

Personal Liability for LLC Debts

In re LMcD, LLC, 405 B.R.555 (M.D. PA, 2009), is a good read for its analysis of several theories of liability, because it underscores the importance of being mindful of the capacity in which business dealings are conducted, and because it illustrates the consequences that flow from blurring the distinctions between actions by a member …

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Joint Defense Privlege

    Attorneys hoping to minimize cost and increase efficiency for their clients will often engage in communications or joint defenses with their co-defendants. This is often done either informally or with the use of formal joint defense agreements. Although this practice is fairly common, there has been relatively little guidance from the court on …

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Mechanics Lien Law Update

Some of the October 2009 changes to the PA Mechanics Lien Law apply to a contractor or subcontractor’s ability to waive the right to a mechanics lien on “residential building.”  This is important because, if the right can be waived, owners and general contractors will sometimes compel contractors to waive this right.  Prior to 2007, …

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Pennsylvania Supreme Court affirms Shaffer Decision by Commonwealth Court – Beware of Potential Impacts upon Planned Communities

The Pennsylvania Supreme Court recently affirmed, without opinion, the Commonwealth Court’s decision in Shaffer v. ZHB of Chanceford Township, – A.2d – (Pa. Cmmw. Ct. 2008) holding that the purported division of a tract of land into units, by filing a Declaration and plan under the Pennsylvania Uniform Planned Community Act (the “UPCA”) and the transfer …

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State Agency Contracts

Prospective bidders who wish to challenge the Commonwealth’s award of a bid must do so through the Prelitigation Resolution of Controversies procedure described at 62 Pa. C.S.A. Secs. 1701- 1726. This procedure requires that any prospective bidder’s protest: … be filed with the head of the purchasing agency within seven days after the aggrieved bidder …

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Do you keep horses on your property?

Many Chester County residents use their property, in whole or in part, for various types of equine activities. Regardless of whether such use is of a personal or a commercial nature, these activities pose a variety of risks to property owners, riders and trainers. As a result, those involved in these activities should carefully consider …

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