All Forum Posts by: Chris K.

@Jonathan Orr

My company works as a glazing subcontractor for many large developers/GCs. If you work with an excellent GC, they can provide you with a "ballpark" figure for what a building could cost based on the basic design. The ability to do largely comes from the fact that they've worked on so many similar projects in a given area. 

BUT details do matter a lot. Sometimes what appears to be inconsequential design changes (e.g. a feet difference in the opening sizes for glass) can triple/quadruple the cost. And these issues typically do not become apparent until the GC starts to ask the subcontractors for a bid. 

Incidentally, this is why most sophisticated subcontractors now all offer value engineering as part of their bidding/estimating process. Even very good architects/developers cannot possibly understand all the different nuisances of a trade. Thus, they often rely on subcontractors to provide guidance on how to be cost effective.  

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Vincent Plant

There are many things you could do but there's no magic cure. Continue to follow up on him and escalate to an attorney if needed. Depending on the circumstances, you might be able to take advantage of the mechanisms outlined in the Home Improvement Consumer Protection Act ("HICPA") and the Unfair Trade Practices and Consumer Protect Law ("UTPCPL"). 

I personally wouldn't go nuclear at this stage but that's up to you. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Summer Segeleon

In Pennsylvania, brokers/salespersons typically handle most standard residential transactions. In those transactions, they will almost always use what's known as the PAR Forms. While you can hire an attorney to take a look at them, they are pretty standardized. Substantially modifying those can be difficult from a practical matter.

The title company typically handles the deed prep and other misc. closing tasks. 

In your situation, sometimes people hire an attorney "just in case." But they are not required. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

I would believe it! 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Summer Segeleon

I wouldn't use the PAR Agreement if neither side has a realtor. Not sure whether you are the buyer, seller, or the wholesaler. But PAR is written so that it's more or less neutral to both sides (and favorable to the brokerage/salesperson). You should use a contract that is favorable to your position.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Steve Bullock

Agree with @Aleksey F. If you are dealing with a specific, known issue, I would just have a roofer or two take a look. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Bryan Cohen

If you do not need someone to be physically within the office, try Upwork. You can find pretty decent bookkeepers in the $5 to $10 an hour range. The main challenge is to give clear operating procedures to them so they can accomplish what you need them to do. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Andriy Boychuk

What kind of engineer? What's the issue with the project? 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Ross Yeager

I see what you meant. So I would think the "proper" way to do it is for the rental license to match the property owner. If I recall, my understanding is that Philadelphia landlords cannot evict their tenants unless they meet certain city requirements including having a rental license. If I was representing a tenant, I would argue that the landlord --- you as a natural person --- cannot evict the tenant since you do not have a rental license. The only rental license you have is with this LLC that has nothing to do with the property itself.

But then, I have no idea if there are any agreements between you and your own LLC, etc. Maybe something there can help you make a better counter-argument.

Any thoughts @Steve Babiak or @Joe White ?

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Ross Yeager

Some quick thoughts: 

• Technically you might be violating the Pennsylvania law that states something along the lines of only salespersons and brokers can manage properties for others. I can't recall who got troubled for your exact arrangement. But theoretically possible.

• I can't recall the name or citation of the case, but it's been held that an LLC can never be pro-se a plaintiff. So if you ever want to handle your own evictions as an LLC, that may create some issues. But again, I can't say I saw it becoming an issue at the magistrate level.

• If you are actually acting as the property manager, then probably you don't have any additional protection. If you are the actual human being doing something wrong, then you always face the risk of personal liability via many different theories. This is why single-member LLCs can --- sometimes --- be pointless if the sole member is very much involved in the operation of the LLC.

• Doesn't Philadelphia law have something that require out of town landlords to use an actual property manager? I thought there was such an ordinance or code. But I can't say I'm an expert on that topic.  

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.