Construction & Real Estate
Showing 1089–1104 of 1263 results
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It’s not too late – Make sure your construction company has a buy-sell agreement
Fall 2009
Newsletter: On-Site
Price: $225.00, Subscriber Price: $157.50
Word count: 629
Abstract: A buy-sell agreement is a contract among a construction company’s owners that sets parameters for the transfer of business interests. Yet many construction companies soldier on without one until, sometimes quite suddenly, an ownership change occurs and the business is thrown into chaos. There are a variety of ways to create an agreement (cross-purchase vs. redemption) and fund it (such as sinking funds, loans, savings plans, installment purchases and life insurance). It’s complex, but doing without (or failing to update) a buy-sell agreement is far more dangerous than confronting the task of creating one.
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Year end tax planning – Don’t get nickel-and-dimed by M&E expenses
Fall 2009
Newsletter: On-Site
Price: $225.00, Subscriber Price: $157.50
Word count: 957
Abstract: An often overlooked way that construction companies lose cash flow is by failing to properly deduct meal and entertainment (M&E) expenses. Contractors do incur a significant amount of these costs in providing food and beverages on job sites and during project meetings. This article looks at the pros and cons of both the per diem method and an “accountable plan” in reporting these expenses, while a sidebar discusses travel expenses.
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Contractor’s Toolbox – Is subcontractor safety any of your business?
Fall 2009
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 417
Abstract: When a general contractor was cited for its subcontractor’s safety violations — even though the safety of only the subcontractor’s employees was at stake — the contractor appealed. But the U.S. Court of Appeals for the Eighth Circuit upheld the citation. Although this case is binding in only the midwestern states included in the Eighth Circuit, it’s likely that OSHA will continue to enforce its controlling employer citation policy in other locales. Contractors will be wise to modify construction contracts to require subcontractors to comply with OSHA safety requirements as well as the contractor’s safety plan.
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Public construction projects – Reinventing yourself to compete
Fall 2009
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 736
Abstract: The struggling economy has been tough on the construction industry, particularly for contractors that do residential and commercial work. Many contractors have reinvented themselves to take advantage of new opportunities in public works construction. But it’s critical to get up to speed on the rules for bidding on public contracts. One misstep can be the difference between winning and losing a job, or worse yet, the difference between profit and loss. It’s important to learn where to find out about these often little-publicized jobs, and then get acquainted with the strict bidding rules that accompany them. A sidebar looks at some of these specific technicalities.
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Eliminate the creep! How to manage indirect costs
Fall 2009
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 608
Abstract: What a construction company spends on project management, repairs, small tools, office trailers and so forth can easily creep up on it. These indirect job costs — if not properly allocated to their projects — can cause overhead to increase and profitability to suffer. It’s important to break down and analyze spending, and determine how indirect costs affect projects. A contractor should also review the amounts it’s paying vendors. Set up correctly, an indirect-cost allocation system can help a contractor to bid projects more realistically and build up its bottom line.
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Subcontractors and surety bonds: 5 tips for getting paid
Fall 2009
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 675
Abstract: It’s a big mistake for a subcontractor to assume that it’s protected by payment or performance bonds. Before a contract is signed, it’s necessary to perform the due diligence needed to confirm that required bonds exist, that they’re valid and sufficient, and that the surety is financially stable. This article lists five steps a subcontractor should take to help ensure it gets paid for its work and materials.
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Ask the Advisor – How can I know if a foreclosed property is a good investment?
September / October 2009
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 444
Abstract: Although the sheer number of foreclosures has tempted many people to become foreclosure investors, it’s not as easy to make a buck in this market as it may seem. Investors should be prepared to dole out plenty of cash to improve property and remove liens; to know where to look for deals; to scrutinize tenant data to determine a commercial property’s revenue-generating potential; and to perform due diligence for both the specific property and the area.
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The ins and outs of green leases
September / October 2009
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 419
Abstract: As the green building movement continues to take center stage, so do green leases. Through a green lease, landlords and tenants are “bound” to help ensure that high-performance buildings meet and exceed their intended “green” goals. Although specifications vary, a number of characteristics are emerging as likely components in green leases, such as alignment with a third party certification standard such as LEED, BRREAM, Energy Star or Green Globes. But developers who jump through all the LEED or other building certification hoops likely won’t want that certification jeopardized by noncompliant leasehold improvements — so rules defining sustainable product requirements and construction practices should be clearly specified in a tenant construction agreement.
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2 smart property management strategies for today’s economy
September / October 2009
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 669
Abstract: As the weak economy continues, real estate investors are taking a hard look at ways to maximize the profitability of property management. While some developers delve into management themselves, others are focusing their search on streamlined processes and cost-cutting measures. Fortunately, smart strategies exist that can help to achieve these goals. Two of the best: finding a good property manager and using Web-based property management software.
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What you should know about forms of joint ownership
September / October 2009
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 873
Abstract: What’s the best way to hold a real estate title? The wrong ownership form can increase legal liability, enlarge your tax burden, and subject an estate to probate. In contrast, choosing the right ownership form can reduce red tape while improving a property’s profitability. This article discusses the different options and who might benefit the most in each case. A sidebar looks at living trusts as a means of holding titles to personal residences and other major assets.
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Construction Law Quickcase – Solis v. Summit Contractors – OSHA says subcontractor safety is general contractor’s problem
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 333
Abstract: A contractor protested when OSHA issued it a violation for safety infractions committed by its subcontractor — even though everyone involved agreed that the latter’s violations didn’t present any danger to the general contractor’s supervisors on site. The outcome shows that general contractors must ensure that all subcontractors rigorously follow OSHA requirements.
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Talk is cheap: Loan agreements often exclusionary
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 615
Abstract: Many contractors on commercial projects are well aware that bank financing is in place to pay for the construction. Owners and bankers, however, usually take great pains to ensure their loan documents don’t permit an action by an unpaid contractor against the bank. A recent Pennsylvania case illustrates the lengths to which a court will go in excluding a contractor from the benefits under a construction loan agreement. This article drives home the point that contractors should insist on getting full payment on delivery of trailing waivers every month — anything less will likely leave them entirely at the mercy of the developer.
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Tell it to the jury – Dustup over soil conditions puts case in dubious hands
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 579
Abstract: In a case involving a building that was damaged due to shifting ground, the judge denied all defense motions and permitted the case to be argued to the jury on the theories of negligent design, negligent construction and breach of contract against all of the defendants. The lesson? If parties to a construction contract can’t resolve their differences via negotiation or arbitration, those differences may be decided by lay jurors who may have no background in construction.
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Is construction management the same as general contracting?
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 956
Abstract: California courts are notorious for refusing to let unlicensed general contractors collect payments due them — even in cases where the license had lapsed only for a few days during a lengthy project. But one case shows that a court may draw a distinction between construction management and general contracting. At the heart of this case is whether an entity which provides construction management services to a private owner developing commercial real property is required to be licensed. This article describes the Court of Appeal’s decision and its reasoning, while a sidebar looks at the point of view of the lone dissenting judge.
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Construction Success Story – Contractor goes paperless with IWA system
September / October 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 437
Abstract: This month’s Construction Success Story tells of one contractor who had been pondering the idea of going paperless but hadn’t found the right tool to help her do so. When she asked her CPA for ideas, he mentioned imaging and workflow automation (IWA) systems. He explained that many business owners, including contractors, have been using IWA systems to streamline their invoice and accounts payable processes.
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On-the-job training provides lasting returns
September / October 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 477
Abstract: A contractor will benefit clients, employees and itself by providing on-the-job training at every level. Sure, it takes time and money, but not as much as one might think — and the results can mean a more efficient company and bigger profits. Knowledgeable employees work faster and better; in the end, they’ll make the company more money. Plus, an employee who feels valued is more likely to stick around, helping to decrease turnover. But many managers get promoted to leadership positions because they are hard workers and great at their jobs, not because they’re natural or skilled leaders. So it’s important to ease the transition and the learning curve by creating opportunities for new managers to learn from experienced leaders within the company.