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.

Wilkes-Barre Construction Law Attorney

If you have a legal issue with a construction project, contact a Wilkes-Barre, PA construction law attorney. You don’t have to go through this alone. The legal professionals at Hoegen & Associates, P.C. can help.

Definition: A construction law attorney is a legal professional specializing in the legal aspects of the construction industry. They handle a wide range of issues related to construction projects, including contracts, disputes, regulations, and more.

Expertise: These attorneys possess in-depth knowledge of construction law, including relevant statutes, regulations, and case law. They understand the complexities of construction projects and the unique legal challenges they present.

Contract Negotiation: Construction law attorneys assist clients in drafting, reviewing, and negotiating construction contracts. They ensure that contracts accurately reflect the parties’ intentions, protect their clients’ interests, and comply with applicable laws and regulations.

Dispute Resolution: When disputes arise during construction projects, these attorneys provide legal representation to resolve conflicts through negotiation, mediation, arbitration, or litigation. They advocate for their clients’ interests and work to achieve favorable outcomes.

Regulatory Compliance: Construction law attorneys advise clients on compliance with federal, state, and local regulations governing the construction industry. They help clients navigate complex regulatory frameworks and avoid potential legal pitfalls.

Licensing and Permitting: These attorneys assist clients with obtaining necessary licenses and permits for construction projects. They ensure compliance with regulatory requirements and help clients address any issues that may arise during the permitting process.

Construction Defects: A Wilkes-Barre construction law attorney handles cases involving construction defects, such as design errors, faulty materials, and poor workmanship. They represent owners, contractors, subcontractors, and other parties in defect claims and litigation.

Payment Disputes: Non-payment and payment disputes are common in the construction industry. Construction law attorneys help clients enforce payment obligations, resolve disputes over payment terms, and pursue remedies for non-payment.

Mechanic’s Liens: Mechanic’s liens provide contractors, subcontractors, and suppliers with a legal remedy to secure payment for their work or materials. Construction law attorneys assist clients with filing, enforcing, and defending against mechanic’s liens.

Insurance Coverage: Construction projects involve various risks, and insurance coverage is essential to mitigate potential liabilities. Construction law attorneys advise clients on insurance issues, including coverage disputes, claims handling, and risk management.

Bond Claims: Performance bonds and payment bonds are common in construction contracts to protect project owners and subcontractors. Construction law attorneys assist clients with bond claims, including filing claims, negotiating settlements, and resolving disputes.

Delay Claims: Delays can significantly impact construction projects, leading to additional costs and disputes among project participants. Construction law attorneys analyze delay claims, identify liability, and pursue remedies for their clients.

Environmental Compliance: Construction projects must comply with environmental regulations to minimize their impact on the environment. Construction law attorneys advise clients on environmental compliance issues and help them address environmental challenges.

Public Procurement: Construction projects involving government entities are subject to specific procurement rules and regulations. Construction law attorneys assist clients with navigating the complexities of public procurement and bidding processes.

Alternative Dispute Resolution: In addition to traditional litigation, construction law attorneys are skilled in alternative dispute resolution methods such as mediation and arbitration. They help clients resolve disputes efficiently and cost-effectively outside of court.

If you have additional questions, get in touch with a Wilkes-Barre construction law attorney today.

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.