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January 2015 Archives

Covenants, conditions and restrictions in Kansas

A covenant when used in the context of real property is an agreement made between two private parties as to how land may be used. Whether put into a deed or part of a signed agreement between the two parties, a covenant is legally binding and may be enforced in court if necessary, assuming that it does not violate a law. Many observers believe that covenants tend to result in safer neighborhoods and higher home values.

Construction defects in Kansas City

Whether you are a property owner or a contractor, construction defects in newly constructed properties can lead to significant financial losses when they are discovered. Property owners, including condominiums, apartment buildings, homeowners associations and others, stand to lose significant amounts of money in the costs of repairs. Contractors who are accused of construction defects who are either uninsured or who do not have adequate insurance coverage could lose thousands of dollars in the event of litigation.

Considerations before entering into a construction contract

Business owners and homeowners in Kansas may be interested in learning more about the different factors worth considering prior to entering into a construction contract. Before finalizing a contract for services, it may be advisable to evaluate the prices, time frame, payment method, material terms, payment penalties, anticipated problems, resolution of anticipated disputes, inability to agree and transaction rules for particular industries. Each of these factors could potentially derail negotiations or result in adverse consequences for the party's long-term interests.

Good reasons to use retention in Kansas construction projects

In a given construction project, those who are paying a contractor may withhold a percentage of an invoice. Typically, 5 to 10 percent of payment is withheld until the project is complete. This is referred to as retention, and there are several reasons why retention is valuable to a customer. Primarily, it provides an incentive for a contractor to finish the job before looking for a new contract.

Construction law in Kansas

Many Kansas residents are aware that there are several areas in which legal disputes may arise in the area of construction. Whether you are a condominium owner what a construction defect problem with a developer, a contractor with a delay and payment claim pending against you or a contractor needing a mechanic's lien against an owner's property in order to secure payment for services that have been provided, you may need guidance on how to navigate this complex area of the law.

Our condo association was faced with monumental construction issues thanks to the original developer of our complex. We were cash poor and in no position to get legal representation without a contingency fee arrangement. Luckily for us, Scott Long and Burke Robinson were willing to take us on as clients. Their work ethic, professionalism and knowledge of condominium construction served our association very well. Any association would be well served in hiring these gentlemen to represent them.

Board of Directors - Plaza Gardens on the Lake Condominium Owners’ Association Lake of the Ozarks, MO

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