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FIND THE BEST TOP ATLANTA, GEORGIA CONSTRUCTION LAWYERS WHO KNOW THE GEORGIA RIGHT TO REPAIR ACT IS AN IMPORTANT WEAPON IN GEORGIA CONSTRUCTION ARBITRATION PROCEEDINGS -- MEDIATIONS, GEORGIA CONSTRUCTION DISPUTES, AND GEORGIA CONSTRUCTION LITIGATION

Thu, 26 Apr 2012 01:50:35 -0600

As a construction lawyer in Atlanta and a homeowner, I am painfully aware that doing any form of modification to your home is not only time consuming but expensive as well. Stress builds up even more when things do not go according to plan, and Atlanta construction disputes brought by Georgia homeowners and Georgia construction contractors can ultimately lead to lawsuits and court time. To control the amount of construction cases going through the Georgia legal system, the Georgia Right to Repair Act became effective in 2004 to facilitate the settlement Georgia construction defect arbitration, disputes, lawsuits, litigation, and other construction issues outside of court. The following steps should be followed prior to filing a Georgia construction defect lawsuit or Georgia construction defect arbitration proceeding against a contractor in the State of Georgia.

Step 1: Homeowners Understanding Of The Georgia Right To Repair Act

Prior to beginning a home improvement project, Atlanta contractors are supposed to alert homeowners to what the Right to Repair Act states and what is required of both parties if the construction does not satisfy both pairings. As an Atlanta homeowner, it is necessary to do your research before you begin any home improvement project, so you are aware of your rights. Not following the Act correctly can result in a loss for you as well.

Step 2: Homeowners Must Notify Contractor Of Any Issues

If you have any concerns about a project that was completed, you must submit a written notice to the Georgia contractor describing in detail the issues you have with the construction. This “notice of claim” should outline all problems including photographs and the nature of the defects. To ensure your problem gets resolved you must address the problem immediately.

Step 3: Contractors Reaction To The Claim

Once a contractor has received the claim notice they have exactly 30 days to respond in a variety of ways.

• Option A: Offer a settlement in the form of money, repairs, or both. Some contractors prefer to fix the problem themselves until you are satisfied with the finished product. This allows for positive client relationships and a high reputation in that area for being a reliable company.

• Option B: Contractors have the right to get another option and have the home inspected by a third party. This gives an outsiders perspective that does not have a bias toward the project and can offer a true estimate of the problem.

NOTE: If your home is to be inspected you must allow for that within the 30 days

• Option C: The contractor decides to do nothing regarding your claim. If the claim is denied then they must also provide a written explanation of why they do not believe their work to be defective. Regardless a contractor must respond to your claim within 30 days otherwise you are free to pursue legal action.

Step 4: Acceptation Or Rejection By Homeowner

Once the contractor has chosen how to respond to your claim, you must then accept or reject their proposal. If you chose to accept their proposal, then both parties will create a settlement for the project to be re-done until deemed accepted. If you decide to reject the offer, then you must again put into writing your reasoning and you can then decide to take the matter to court.

The Georgia Right to Repair Act was put into effect to help Georgia homeowners get their money’s worth when it came to home improvement projects. Knowing your rights and what you are entitled to as the client can prevent any legal fees and additional upsets.

FIND AN ATLANTA, GEORGIA CONSTRUCTION ATTORNEY -- CONTACT US

The Adams Law Offices Atlanta construction arbitration lawyers and Atlanta construction litigation attorneys can help Georgia homeowners who are involved in any type of Metro Atlanta, Georgia construction disputes. To learn more about how the Atlanta, Georgia construction disputes and litigation attorneys at The Adams Law Offices can protect and advance the best interests of you and your family, contact our Main Office by calling our Main Number (404) 467-8611, Toll Free 1-877-412-3267 or through our Buckhead confidential Contact Us Form. Our Main Office is conveniently located easily found and provides plenty of free covered secured parking.

ATLANTA, GEORGIA CONSTRUCTION ATTORNEY SAYS, “GEORGIA CONSTRUCTION DEFECTS ARE HERE TO STAY, DESPITE CHANGES IN STATE LAW MAKERS UNDER OBAMA ADMINISTRATION

Wed, 18 Apr 2012 00:51:51 -0600

As an Atlanta, Georgia construction lawyer I stay very busy when I am preparing for a Georgia construction arbitration proceeding/hearing. Sometimes I have little contact with the outside world news. However, some matters do keep my attention in this upcoming election, such as healthcare reform, the estate tax debate, the “Buffet Rule”, and withdrawal of troops from Afghanistan -- ending a long war. These changes are taking place on a national level and to some extent, a local level. It is my opinion that if the Republicans control Congress after the 2012 elections and President Obama is not re-elected, then much of President Obama’s attempted changes will be put to rest. Thus, it is understandable we are living in uncertain times wherein we do not know what or will not change. What will not change is Georgia construction law and the need to proactively protect your property/real estate interests from unscrupulous Georgia builders, contractors, and sub-contractors. Georgia construction defects will continue at a high rate as Georgia builders, Georgia general contractors, Georgia sub-contractors, and other Georgia building professionals try to cut corners to make ends meet and extend their profits. This is being done at the expense and hardship of Georgia homebuyers and new home purchasers.

Fortunately, under Georgia Construction Law, there are options to hold your Georgia builders, general contractors, and sub-contractors liable for their negligence, shoddy construction, construction defects, and more. Please read on and into my article discussing some of the issues a homeowner, buyer, or purchaser of a new home should be aware of to protect their home investment interests. I offer you the following:

In my Atlanta, Georgia construction law firm, all of the Atlanta, Georgia construction lawyers are sure that current Georgia construction law and Georgia construction defect problems (especially in big metro areas like Atlanta) are here to stay. Every building over time will see the results of wear and tear, but knowing whether the problem is an easy fix or a major reconstruction project needs to be determined before you buy. After all, construction defects can reduce the value of your property significantly. These defects can range from design issues to faulty systems to failure to meet Georgia industry building standards. Remember – not all construction defects are created equal. What may look like a simply crack in the ceiling could actually turn out to be a major architectural default or foundational defect.

As an Atlanta, Georgia construction defect attorney, I want to note what constitutes a Georgia construction defect is based upon a variety factors. Our Atlanta, Georgia construction defect lawyers always engage a professional such as a Georgia structural engineer, Georgia construction expert, or other Georgia construction professional with the qualifications under Georgia law and the knowledge under Georgia construction law, to evaluate the work of Georgia builders, general contractors, and sub-contractors. Moreover, we have an expert behind each and every Georgia construction defect claim we bring on behalf of clients (there are a few exceptions to this internal Firm policy).

1) The potential buyer’s reasonable expectations. Most consumers do not have a realistic expectation of what is to be expected and thus may over analyze issues that are in actuality an easy fix.

2) The builders understanding of building codes and their willingness to comply with those regulations.

3) Whether the construction of the building was completed in the appropriate manner by individuals who possess the required workman behavior.

4) Whether the materials used to construct the structure were used for their intended purpose and were suited for the project at hand.

5) If the intended plans of the architect and/or engineer were used to the correct extent and followed according to their drafts.

THE FOLLOWING IS A LIST OF COMMON TYPES OF GEORGIA CONSTRUCTION DEFECTS:

Asphalt or Concrete - Not taking the time to properly install asphalt or concrete can result is cracking or other series problems.

Electrical - Faulty wiring is a common defect that can result in hazardous fires and electrical voltages.

Plumbing and Drainage - Plumbing defects can range anywhere from improper installation of water heaters to leaky pipes. These deficiencies can cause ceiling cracks and water damage to your venue.

Heating and Cooling Systems - Improper installation of these systems can lead to extreme harm. If air ducts are blocked gas buildup can occur leading to carbon dioxide poising.

Floors and Ceiling - Improper design can result in floors and/or ceilings collapsing, because they are not able to sustain the weight put upon them.

Roofs - Many issues can occur with roofing from shingle misplacement to the underlay. The most common damage caused is water intrusion into your building resulting in dangerous molds.

Windows and Doors- Not having these features installed property can result in mold and rot, because the moisture is able to seep in. Toxic mold can lead to major health complications and illness.

Structural - On of the most serve types of defects starts at the ground level. Not having the base of your building strong enough to withstand a variety of weather can have a devastating outcome.

Mold and Wood Rot - These problems occur when buildings are exposed to moisture for long periods of time weakening your building structure.

Before you plan to purchase a new property seek professional advice from someone familiar in the construction field to ensure you are getting a great property for a great price. In addition, it is important to speak with an Atlanta, Georgia construction arbitration attorney if you believe you may have a construction defect issue.

THE ADAMS LAW OFFICES Atlanta, Georgia construction arbitration, dispute, and litigation attorneys have momentous experience representing Georgia homeowners, home purchasers, Georgia contractors, sub-contractors, builders, landlords and more. The Georgia construction defect lawyers are skilled, knowledgeable, practiced and experienced in all aspects of Georgia construction law, and the Georgia dispute proceedings associated with them, such as binding Georgia construction arbitration. We are also well-known for our ability to build a case from the right to repair letter, to the defects, to the dispute proceedings. If you believe you have construction defect issues, “Contact Us” to discuss a strategy that protects your property interests.

To learn more about how the Atlanta, Georgia construction dispute attorneys at ADAMS LAW OFFICES can protect and advance the best interests of you and your family, contact our Atlanta office to schedule a consultation. Contact our Main Office by calling our Main Number (404) 467-8611, Toll Free 1-877-412-3267 or through our confidential “Contact Us Form” located on our websites and blogs.

THE ADAMS LAW OFFICES Main Office is conveniently located in the Buckhead section of Atlanta and easily found. There is plenty of secure free parking and our offices have street level access.

ATLANTA CONSTRUCTION LAWYER SAYS GEORGIA’S MILD WINTER COULD LEAD TO HOT MOLD PRODUCING SUMMER – GEORGIA CONSTRUCTION DEFECTS CAN RESULT IN SEVERE MOLD PROBLEMS

Mon, 19 Mar 2012 22:07:21 -0600

The news of the mildest winter on record in some time did not make me think of Kudzu bugs that were not killed off in severe frosts and cold weather. Instead, as an Atlanta construction lawyer, I thought that a mild winter could lead to a warmer than average spring, summer, and fall. The Atlanta construction attorney in me thought the formula: warm weather plus poor construction equals mold plus even slight dampness EQUALS MOLD!

In my Atlanta construction law firm, I handle mainly construction defects. However, the nature and type of defect vary. I have seen an increase in the number of cases that involve mold in newer homes. This seems to be more prevalent due to the boom in construction that occurred several years ago. Inevitably, with the passage of time problems are surfacing in these homes. In newer construction, mold is usually caused by a construction defect that falls within one of four categories. The first is design. Design defects occur when architects or engineers fail to follow code and design a sub-standard structure. Material defects are in the second category and involve the use of inferior or inappropriate building materials. Workmanship defects are in the third category and can include issues that arise from work by an inexperienced contractor or by a builder that knowingly cuts corners during construction. Subsurface defects are the fourth category and result from poor preparation of the soil on the property where the home is built.

Design, workmanship and material defects can be present in most areas of the home. Subsurface defects, on the other hand, mostly affect the building’s foundation. In the end, a compromised foundation can affect many parts of the home’s interior, such as bathroom tile surrounds, walls, ceilings and flooring. Issues in design, workmanship or material can cause defective tile work, but cracked tile may also be the result of a problem with the foundation or sub-floor. Regardless of the reason, broken tile and grout can allow moisture behind the tile face. This is when mold can gain a foothold. It is not always possible to visually confirm the presence of mold, so careful examination of all tile work is recommended, especially in bathrooms and areas with high water usage, such as kitchens and laundry rooms.

Faulty installation of water pipes can also cause mold issues. Pipes that are out of sight under sinks or behind walls can be difficult to inspect. When pipes are leaking that carry grey or black water from kitchen and bathroom fixtures, the results can be hazardous to the health of household members. Defective roofing is another cause of water leaks and the development of a mold problem. Any mold issue that stems from the design, material, workmanship or site preparation can cause severe issues that require quick resolution. One of the first steps is to ask a professional to inspect the affected area and determine a cause. An experienced Atlanta, Georgia construction attorney can help you locate the proper person to evaluate the situation.

Should you feel that you are or might be the victim of faulty construction or other factors that lead to production of mold, our Firm would be glad to be of service to you. The Atlanta, Georgia home defect attorneys at The Adams Law Offices are interested in rectifying your home construction defect issues. Our Atlanta, Georgia home defect attorneys are experienced in identifying the responsible party in construction defect cases and will ensure that your rights are defended. Call us today if you suspect that a construction defect is damaging your home at (404) 467-8611 or toll free at (877) 412-3267.

The Adams Law Offices provides legal services throughout Georgia, including the cities, counties, and areas of Atlanta, sandy Springs, North Georgia, the Buckhead Area, North & South Atlanta, Gainesville, Cumming, Roswell, Alpharetta, Roswell, Duluth, Marietta, Acworth, Kennesaw, Lawrenceville, Decatur, Fulton County, Gwinnett County, Forsyth County, Fulton County, Gwinnett County, Lawrenceville, Duluth, Forsyth County, Clayton County, DeKalb County and many more counties and cities throughout Georgia. Whether you are an individual, family, business, or other type of clientele, we welcome the opportunity to assist you.

You may also send us a confidential message via our “Contact Us” website form. Our main office is located in the historic Buckhead section of Atlanta. Our Main Office is easily accessible and there is plenty of free secured parking.

ATLANTA BUSINESS LAWYERS ONLY – GEORGIA BUSINESS LAWYERS KNOW IT IS BEST TO HAVE A SEPARATE GEORGIA BUSINESS LAWYER FROM THAT OF YOUR CORPORATION

Sun, 18 Mar 2012 07:24:30 -0600

Atlanta Business lawyers at The Adams Law Offices know that a Georgia corporation must be represented by an attorney in order for it to file a claim or to defend itself in a suit brought against it. This might seem like a heavy burden for a business––after all, an individual can represent him- or herself in court––so why must a corporation obtain representation instead of, say, being represented by the sole shareholder in court?

Although an individual can represent him- or herself in court––which is called “appearing pro se”––Georgia law prohibits a non-attorney from representing someone else in court. Corporations are considered to be and treated like an individual under law; therefore, permitting the shareholder to represent the corporation would be allowing the unauthorized practice of law because a non-attorney (the shareholder) would be representing another (the corporation) in court.

In fact, the Supreme Court of Georgia has held that:

“A layman who is representing a corporation in a legal matter is in no sense representing himself, but is acting as the legal representative of another ‘person’ entirely.” (485 S.E.2d 22 (1997).

An Atlanta business attorney from The Adams Law Offices would be glad to discuss these rules with you further . However, it is important to seek the immediate representation of an Atlanta business lawyer if your corporation is appearing in court. In reality, it is best if your corporation has a separate attorney from you as an individual. This may be important if any conflicts arise, tax purposes, preventing “piercing of the corporate veil”, and more.

The Atlanta business lawyers at our Firm are experienced in all aspects of Georgia corporate law and litigation. Call us today to discuss any Atlanta corporate litigation proceedings which you are involved in, or may become involved in, and whether it is prudent to go ahead and retain an Atlanta corporate lawyer for your corporation. Contact our Main Office at (404) 467-8611 or 1-877-412-3267 or you may send us a confidential message through our “Contact Us” form on our website. The Firm’s main office is conveniently located in the Buckhead section of Atlanta. There is plenty of free covered parking with security.

Atlanta, Georgia business lawyers The Adams Law Offices provides Georgia business legal services throughout Georgia, including the cities and counties of North Georgia, Sandy Springs, Gainesville, the Buckhead Area, North and South Atlanta, Fulton County, Gwinnett County, Lawrenceville, Duluth, Forsyth County, Cumming, Cobb County, Marietta, Acworth, Kennesaw, DeKalb County, Decatur, and many more counties and cities throughout Georgia. Whether you are an individual, family, business, or other type of clientele, we welcome the opportunity to assist you. Please do not hesitate to Contact Us.

ATLANTA BUSINESS LAWYER -- GEORGIA BUSINESS DISPUTES FUELED BY LAGGING US ECONOMY

Sun, 18 Mar 2012 00:13:01 -0600

Atlanta business lawyer Duncan H. Adams, notes that as an Atlanta, Georgia Business attorney, I have seen a change in the way business is conducted since the economy started to decline more than two years ago. The change is evident in heavily populated urban areas like Atlanta, but can also be seen across Georgia. The level of trepidation is palpable and business deals that used to be handled with a verbal agreement and a handshake now often require legal review and documentation.

Atlanta business lawyers believe the shift can be attributed to the struggle that most businesses are engaged in due to the poor global economic situation. This is especially true for small business in Georgia. Atlanta business lawyers on retainer or a phone call away are a must for small businesses in Georgia.

The economic climate has influenced the business community to become more ruthless. Many companies are enforcing contractual agreements strictly and not allowing for any leeway in interpretation or timing. The ability of a customer to pick up the phone and with a short call gain one-time forgiveness for a particular contractual term, like a payment deadline, is limited. Most companies are tightening their belts and putting profits before customer service and long-standing relationships.

Moreover, the state of the economy has encouraged a more serious and illegal type of bad behavior. Some business people are resorting to fraudulent activities or unfair business practices. These activities include, but are not limited to, false advertising, product misrepresentation and substandard quality resulting in known product defects. As the incidence of business failure increases, more business are resorting to these desperate measures. Because of this, even business dealings between close friends, relatives and long-time business partners are being scrutinized more closely.

Some of the types of matters we handle are as follows:

• Breach of contract claims

• Partnership disputes

• Corporate disputes

• Industrial or commercial lease disputes

• Minority shareholder oppression claims

• Insurance disputes

• Business purchase or sale agreements

• Commercial litigation

• Land use and zoning violations

• Enforcement of nondisclosure or non-compete covenants

• Fraud, misrepresentation, or material nondisclosure

• Enforcement of nondisclosure or non-compete covenants

• Officer and Director Liability

• Breach of fiduciary duty

• Theft of corporate opportunities

• Premise liability

• Ownership disputes

• Employment matters

• Conversion by employees

• Misappropriation of corporate assets

• Corporate Theft

• Shareholder derivative lawsuits

• Breach of fiduciary duty

• And more

CONSTRUCTION DEFECT LAWYERS IN ATLANTA, GEORGIA WORK WITH HOME PURCHASERS TO REMEDY FOUNDATION AND OTHER CONSTRUCTION DEFECTS

Wed, 07 Mar 2012 01:45:29 -0600

Construction defects can be costly to rectify and can negatively affect the value of a home and the ability to resell it (this is often called a diminution in value). Some of the more serious and difficult to fix issues stem from a defective home foundation. A home’s foundation can withstand hundreds of years of use if correctly constructed and usually can outlast the home built on top of it. However, if built poorly, a foundation can be the source of problems that threaten the stability of the home and, ultimately, the homeowner’s investment.

It is sad to know, that whether I am working in Sandy Springs as a “Sandy Springs Construction Home Defect Attorney,” the Buckhead Area as a “Buckhead Construction Home Defect Attorney,” in Fulton County as an Atlanta Construction Home Defect Attorney, in Gwinnett County as a Duluth or Lawrenceville Construction Home Defect Attorney, in Forsyth County as a Cumming Construction Home Defect Attorney, in Cobb County as an Acworth, Kennesaw or Marietta Construction Home Defect Attorney, and/or last but not least, in DeKalb County as a Decatur Construction Home Defect Attorney, the critical foundation problems I see in my Atlanta-Based Home Construction Defect Law Practice all stem from common defective construction that could have been prevented had the builder, contractor, or sub-contractor taken care in the construction of the home, and in particular, the foundation.

Unfortunately, these issues may not become known until several years after the building is complete. The result can be a nightmare scenario that leaves the homeowner unsure of what recourse is available under Georgia law. In many cases, by the time the defect is noticed, the builder or contractor responsible for the poor work usually denies that the foundation defects are their responsibility. For this reason, we also may engage various insurance companies to seek a remedy and relief for the homeowner in addition to pursuing the builder and contractor.

The foundation is especially critical because not only does it support the house, it also provides a moisture barrier that keeps the home dry and mold free. A solid foundation also insulates the home from cold and protects the home from damage caused by the ground shifting. Poured concrete reinforced by steel is thought by some experts to be a stronger material for foundations than concrete block or stone, and foundations can be built below ground on footings to provide a basement, or built as a slab. Regardless of the materials used to build the foundation, or its type of construction, all foundation types can fail for a variety of common reasons.

Improper initial site evaluation by the builder is one common cause of foundation issues. The first thing a builder must do when planning new construction is to evaluate the property’s soil type, water table, and grade. This will allow the builder to determine where to place the home on the property and what materials to use. Once that decision has been made, the soil preparation, process of laying the concrete and backfill used around the foundation all will affect the integrity of the foundation.

The foundation must be poured over solid ground that is prepared correctly, and compacted, so it does not settle and cause the foundation to crack. Properly leveling and packing crushed stone before pouring a slab, for example, will help prevent the slab from cracking. If the property contains any landfill material that may decompose over time, the soil must be reengineered to withstand the force of the foundation and the building. Additionally, concrete should be poured in one day to avoid creating a “cold joint” between fresh and semi-cured or cured concrete. This condition usually results in a cracked foundation that will leak. Concrete must also be allowed to cure slowly. Only by curing slowly will the concrete reach a strength that will support the weight of the house (around 3,000 pounds per square inch). Finally, the material used to backfill around the foundation will affect the longevity of the structure. Soils with a high clay or organic content absorb and hold water and can cause cracks in the foundation during freeze/thaw cycles when used as backfill.

ATLANTA, GEORGIA CONSTRUCTION ARBITRATION ATTORNEYS, ARBITRATION CLAUSES, THE RIGHT TO REPAIR ACT, AND MORE; FIND THE BEST GA CONSTRUCTION LAWYER TO ASSIST WITH CONTRACT AND ARBITRATION DISPUTES, LITIGATION, AND GEORGIA CONSTRUCTION CLAIMS

Tue, 06 Mar 2012 10:42:09 -0600

As a residential and commercial construction arbitration lawyer in Atlanta, Georgia, I can assure you that most persons entering into a Georgia construction contract do not think of worst case scenarios should any parties to the contract fail to perform their obligations according to Georgia construction contract law and construction industry standards.

• What is Georgia Construction arbitration; Is it binding? How does it work?

• What will happens if a contracting party fails to pay?

• What happens if the purchaser of contractor or builder services cannot be satisfied no matter what is done?

• What will happen if the contractor or builder neglects his duties?

• What do I do if I receive a Georgia “Right to Repair Act” Letter?

• Do I need to, and should I, send a Georgia “Right to Repair Act” Letter?

• What will happen if residential or commercial construction does not meet or exceed industry standards?

The questions and scenarios surrounding Georgia construction claims are endless as are the actual real life occurrences, which I witness happening day in and day out. To survive in the construction business world, it is best to be prepared for all possibilities. The best way to do this is to have a contract in place which fairly, resourcefully, and adequately covers almost any issues which might arise in any Georgia construction claim scenario.

For years, Georgia construction litigation was considered the more costly, more time consuming manner of dealing with disputes, and so many contracts included arbitration clauses instead. Georgia construction arbitration has many varied forms and phases, which are its counterparts to Georgia litigation. It is usually up to the parties to an arbitration, with the assistance of the arbitrator or arbitration panel, to make the decisions about pre-arbitration matters which are somewhat customized to the construction case. The most important and controversial aspect to Georgia construction arbitration clauses are that they are binding decisions and cannot be appealed to any court absent extraordinary circumstances. Even then, they are rarely overturned by a court of competent jurisdiction, but merely modified. One might say the good news in all of this is that Georgia construction arbitration can be a relatively fast and inexpensive forum for resolving Georgia construction disputes.

However, others counter this argument stating that the cost of arbitration has skyrocketed while the time it takes for a case to make its way through Georgia state courts has diminished significantly.

Two California Supreme Court cases held that the courts cannot overturn a binding arbitration award even if the arbitrator fails to follow California substantive law. As a result, it becomes literally impossible to have an erroneous decision reviewed by the courts. While this is a California case, State Supreme Court holdings often have a strong influence on the courts in other states.

Needless to say, if you enter into a Georgia Contract with arbitration, you should consult a Georgia contract lawyer with expertise in arbitration and alternative dispute resolution. This is especially true if the contract you are entering is a Georgia construction contract for new home construction, a renovation contract, or contract for any similar building, structure creation, or like-kind services.

Formerly a typical arbitration clause in a construction contract might read as follows:

All claims or disputes between the contractor and the Owner arising out of or relating to the Contract Documents, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

- American Institute of Architects specifications (formA201) -

Due to the current trends in Georgia construction law and the arbitration process itself, as an Atlanta, Georgia construction lawyer with The Adams Law Offices, I would suggest incorporating certain additional considerations into arbitration clauses when used to give the parties to an arbitration greater control. For example,

Arbitration forum. The standard dispute resolution forum in the construction industry is the American Arbitration Association (AAA). However, recently, a number of other dispute resolution service providers (e.g. Judicial Arbitration and Mediation Service "JAMS") have developed and many attorneys now prefer them over the AAA. The choice of an arbitration forum should be reviewed in context of the cost, arbitration panel members, and forum arbitration rules. Particular attention should be paid to the forum's arbitration rules since they are incorporated into the arbitration clause. Though, the arbitration clause may include provisions that delete all or portions of the forum's rules.

Discovery. Most arbitration clauses limit the scope of pre-arbitration discovery. A well-drafted arbitration clause will restrict or expand discovery to correlate to the dollar value of the dispute.

Standard for Court Review of the Award. An arbitration clause can be drafted to require the arbitrators’ decision to comply with the substantive law. If the arbitrator violates such a provision, the parties to the arbitration may seek to overturn the award since the arbitrator exceeded the authority granted under the arbitration contract clause. To ensure that a court has enough information to properly review the arbitrators’ award the arbitration clause should also require the arbitrators to render a well- reasoned opinion. The opinion should include a statement of the factual determination made by the arbitrators and the conclusions of law rendered by the arbitrator. Finally, if you want the decision to be reviewed by the courts for compliance with substantive law, a provision should be included in the clause that clearly states that desire.

The best method for ensuring that a Georgia construction dispute is correctly and fairly resolved is through situation-specific clauses in properly-drafted construction contracts. The arbitration clause is one of many clauses included in a typical construction contract, and each clause can be affected greatly by recent changes in the law. It is thus wise for any construction contract to be drafted or at least reviewed by counsel before signing.

The Adams Law Offices Georgia construction lawyers can negotiate, review, and draft your construction contract in light of all of the most recent changes in accordance to Georgia construction law and arbitration proceedings, which is most favorable to you. If you are considering entering into a construction contract or amending a previous contract in light of recent changes in the law, contact our Atlanta construction contract law firm and come in for a consultation. Seeking the assistance of a seasoned Atlanta, Georgia construction contract and arbitration lawyer adept is the least you can do to protect yourself from worst case scenarios.

As a well-known Georgia construction arbitration lawyer with a perfect Avvo rating of 10, I am here to tell you that if anything can go wrong in a construction contract or in construction, it will. The very nature, imperfection, and importance construction combined with the building a home or commercial structure readily lends itself to disputes and conflict. This is likely true because for many, a home is the biggest purchase you will ever make in your life. In addition, construction is not what it seems to be on paper. It is, by its nature, imperfect and the result and methods of construction are readily subjective.

In short, protect yourself because this construction is “big deal” to parties to the contract and maintains a high rate of conflict.

If you have legal dispute or binding arbitration with a contractor, builder, sub-contractor or architect whose work does not meet or exceed Georgia industry standards, you should contact The Adams Law Offices without delay.

ATLANTA REAL ESTATE LAWYERS FIND ‘FAILURE TO DISCLOSE’ CASES ON THE RISE

Fri, 24 Feb 2012 23:41:25 -0600

As an Atlanta, Georgia Real Estate Contract lawyer, I have noticed that failure to disclose defects in Georgia real estate (mainly in residential homes), are on the rise. In fact, some cases of ‘failure to disclose’ serious defects in real estate rise to the level of real estate fraud in Georgia, and even involve action on the sellers behalf to hide, cover up, and disguise defects so the buyer or inspector will not notice them.

As an Atlanta Property Attorney who advises clients on the purchase and sale of real estate, I make sure and advise the sellers of real estate it is illegal to fail to disclose to potential buyers, major and/or material construction defects, in the ‘home for sale’. While sellers may view these disclosures as a burden, these laws exist to protect sellers and homebuyers.

By being upfront about your home’s defects in Georgia, a home seller can avoid serious lawsuits and legal liabilities in Georgia for failure to disclose defects. Your seller’s disclosure form shows both parties exactly what the defects are, so you can be exempt from future problems.

Before you put your house on the market, consider getting an inspection, so you are aware of any potential problems that need repair. This will allow you to decide if you wish to repair the defect now, or offer a discount to buyers who wish to repair the Georgia construction or home defect themselves. In fact, you may even consider having the house inspected by a high-level inspector such as a person with an engineering degree. This is because not all defects are evident, foreseeable, and/or predictable. Remember, the term “CAVEAT EMPTOR” means buyer beware under Georgia real estate law! This means that there is a high-level of responsibility put of the buyer to inspect the property thoroughly and in a manner such as a reasonably prudent person would do under like circumstances.

What is in a Georgia Real Estate Disclosure Statement?

Your Atlanta real estate agent should be able to give you a standard disclosure form, so you can see what you need to disclose. This Georgia Seller's Disclosure Statement is treated as part of the Purchase and Sale Agreement and incorporated by reference. So, this "Disclosure Statement" is part of the Georgia Business Contract for the Sale of Georgia Real Estate. Thus, it is wise to disclose any defects that may affect a buyer’s decision to buy your house.

These include:

• Plumbing defects

• Sewage issues

• Water leakage

• Fire damage

• Termites

• Bug infestations

• Roof defects

• A/C or heating system defects

• Drainage problems

• Foundation cracks

• Issues with neighbors

• Lead paint or hazardous materials

• And more

Choosing Not to Disclose

If you are selling your home and do not disclose a known defect, you may face serious legal consequences. Buyers can demand money for repairs and damages due to the defect long after your house is sold. If an agreement is not reached or if someone was injured due to the neglected defect, you may also face a serious lawsuit. This can result in you owing the buyer large sums of money for repairs, legal fees, compensatory damage, exemplary damages, and even punitive damages if it is determined you have committed fraud, and/or more. In addition, you could be forced to take or buy the house back the house under the theory of rescission.

Contact Us

If you feel you have become the victim of a real estate scam in Georgia by being sold real estate with hidden defects or defects, which were not properly disclosed, or you are being threatened by homebuyers who did not adhere to the Georgia law principle of Caveat Emptor, our Firm can assist you.

The Adams Law Offices Atlanta Real Estate Attorneys have significant experience representing both sellers and purchasers in real estate transactions. It is my strong advice that you find an experienced real estate lawyer to assist you with any Georgia “failure to disclose” issues. This is true whether you are the buyer or the seller.

These cases are also known under Georgia law as “hidden defect” cases and usually arise in the context of the sale of residential real estate. The Adams Law Offices Atlanta property and real estate lawyers represents clients in “failure to disclose” claims and lawsuits throughout the metro Atlanta area and Georgia. Our Firm can protect you from over-zealous home purchasers and keep you from being swindled by tricky sellers. Contact our Main Office by calling our Main Number (404) 467-8611, Toll Free 1-877-412-3267 or through our Buckhead confidential Contact Us Form. Our Main Office is easily found, has safe secure free parking, and Our Firm is conveniently located near the intersection of Piedmont and Peachtree Roads near the Buckhead Triangle.

GEORGIA CORPORATE ATTORNEYS PROTECT AGAINST MINORITY SHAREHOLDER OPPRESSION (“SQUEEZE OUT”) (“FREEZE OUT”) TACTICS USED ON MINORITY SHAREHOLDERS

Tue, 20 Dec 2011 08:03:22 -0600

As a Corporate business Lawyer in Atlanta, Georgia, I am well aware the majority of the businesses in the United States are Close Corporations. Georgia Close Corporations are classified as having a maximum of fifty shareholders, no publicly traded stock, and active management by shareholders. Because Close Corporations usually employ the shareholders, these companies generally have a more relaxed management style. The downside is that this management model puts the minority shareholders in a situation where they quickly can be faced with Shareholder Oppression, also commonly referred to “squeeze out” or “freeze out” tactics. When this situation goes unchecked by the Minority Shareholders, this typically results in a negative impact on the minority shareholders and can lead to their termination of employment with the company.

When employed with a Close Corporation, income from employment and the input your Close Corporation shares allow the shareholder, is likely the most valuable stake that minority shareholders have. Shares held have no value on the open market. That, coupled with the fact that majority shareholders are unlikely to buy the minority’s shares at a fair price, leaves the minority shareholders with little or nothing upon being terminated.

The good news is that minority shareholders in Close Corporation have significant rights.
There are legal protections in place, which Close Corporation Shareholders can use to defend their rights. Many are as follows:

• Retaining an Atlanta Corporate Shareholder Attorney is the best route to protecting your Close Corporation interests.

• In the alternative, Business Law statutes in Georgia do provide protection for minority shareholders faced with this situation. Just as in ordinary corporations, all shareholders in Close Corporations have the right to inspect the documents pertaining to the company, including, but not limited to, bylaws, shareholders meeting minutes, documentation of actions taken outside of meetings and resolutions related to share classification.

• In the case of wrongdoing, documents discovered during inspection can provide the required evidence to file a lawsuit against the company.

• Georgia law states that the majority shareholders have a Fiduciary Duty to the minority shareholders, allowing minority shareholders to sue for dissolution of the Close Corporation when these duties are not fulfilled. These suits can be filed if the majority shareholders have acted are acting or are expected to act in an illegal, fraudulent, oppressive, or unfair fashion toward the minority.

• Minority shareholders also can sue for fair valuation of their shares.

Whatever the circumstance, it is critical to seek an Atlanta Corporate Business Attorney experienced in Shareholder Actions. Having a properly drafted operational agreement can prevent these types of disputes from developing, but if conflicts do arise, an Atlanta, Georgia Corporate Lawyer with experience in Corporate and Shareholder proceeding will ensure that all possible legal avenues are pursued to help Minority Shareholders receive fair treatment and compensation under Georgia Law.

ATLANTA CONSTRUCTION LAWYERS ISSUE ALERT! MAKE CONSTRUCTION INDUSTRY PROFESSIONALS BEWARE - WATCH FOR THESE TELLTAIL SIGNS YOUR NOT GOING TO GET PAID BY THE HOMEOWNER-PURCHASER

Tue, 20 Dec 2011 05:00:22 -0600

As a Construction Lawyer in Atlanta, Georgia, I have noticed the poor economic climate is forcing more and more people to take desperate measures. As an Atlanta, Marietta, Buckhead and Sandy Springs Commercial Litigation Lawyer, I have seen an increase in claims by construction professionals against homebuyers who are backing out of real estate construction deals. In many of these cases, the homebuyers are looking for ways to blame construction professions for poor quality and workmanship so that they can walk away from the contract and not pay at all, or pay a lower price for work already done.

The following is a list of items that you may have received or experienced that should be considered a possible indication that the homebuyer is considering backing out of the construction contract:

• documents on behalf of the homeowner from a Georgia lawyer regarding pricing or quality of the work performed

• a Notice of Claim regarding your contractual obligations

• a written offer of settlement from the client that changes the terms of the original contract

• a proposal to inspect the building site

• an offer to settle a claim without an inspection

• a request to have a third party, for example a contractor or friend, work on or oversee the project

• continuous complaints about the quality of work

• failure to pay in a timely manner, for any reason

FIND AN ATLANTA, GEORGIA PARTNERSHIP DISPUTE / DISSOLUTION LAWYER AT THE FIRST SIGN OF GEORGIA PARTNERSHIP TROUBLES AND PROBLEMS

Sat, 12 Nov 2011 23:37:36 -0600

As a well-known Atlanta, Georgia Partnership Lawyer, I handle many cases involving Georgia business partnership conflicts. One of the most common scenarios is for one partner to be saddled with running the business entity single-handedly. This single-handed effort by one partner is usually in stark contrast to the terms and intent any partnership operating agrehttp://www.atlantaestateplanninglawyer.com/mt-static/images/formatting-icons/link.gifement, which governs the duties and responsibilities of the partners. This is an extremely destructive situation for the partner who is trying to maintain the business. As this partner attempts to shoulder all the responsibility for the business; including business debts, liabilities, day-to-day business problems, the financial position of all the business partners suffer. In due course, all partners in the business are on the path to failure.

Surprisingly, many business owners do attempt to struggle alone through this type of situation due to a personal sense of responsibility and unwillingness to admit that a problem exists. But this is not the recommended course of action. An Atlanta, Georgia Partnership Dispute Attorney should always be consulted with when a business partnership is suffering due to one or more partner’s inability to carry out the fiduciary duties and responsibilities implicit in most partnerships. The decision to work with a Georgia partnership attorney to resolve partnership disputes and disharmony could very well save your business, your financial situation, and possibly business and familial relationships.

It is unwise to allow a business partner to walk away from legitimate responsibilities, especially when this can both damage the partnership business and the remaining partners’ credit and future prosperity. Remember, under Georgia Partnership Law, you do have legal recourse.

At The Adams Law Offices, our team of experienced Atlanta, Georgia Partnership Dispute Attorneys are equipped to resolve almost any partnership issues which may arise in the course of a partnership. Our Atlanta, Georgia business lawyers routinely help business owners set up partnership agreements and later enforce the terms of these agreements if necessary, in order to ensure that all partners are fulfilling their obligations.

Our Atlanta, Georgia partnership litigation attorneys will work with you to equalize your partnership duties and responsibilities. Whatever your circumstances are regarding a partnership that is failing or is poised to turn into a bona fide partnership litigation lawsuit, our Firm is ready to help you get your business back on the road to success. Call our office today to discuss your situation at (404) 467-8611, or toll free at (877) 412-3267.

ATLANTA CONSTRUCTION DEFECT LAWYERS SAYS "GEORGIA HOMEOWNERS AND CONTRACTORS PLAGUED BY IMPROPER CONCRETE INSTALLATION – THE MONSTER AMONG DEFECTS"

Sun, 30 Oct 2011 23:40:04 -0600

As an Atlanta, Georgia construction defect lawyer, improper concrete installation is a defect, which usually causes significant, costly, and severe damage. By the very nature of concrete’s physical makeup, its uses in construction, and its importance in our day-to-day construction world, construction defects are costly to correct. Oftentimes, these defects are not open and obvious and occur over time, making them even harder to detect or place blame on the party at fault. Nevertheless, Georgia law gives legal recourse to seek a legal remedy for all types of construction defects. As an Atlanta, Georgia Construction Defect Attorney, I always recommend that homeowners seek an Atlanta Construction Defect Lawyer with significant knowledge of concrete. Additionally, it is equally as important to find an engineer to work with you who understands concrete uses, its physical attributes, and how to rectify these defects. Usually a good construction defect attorney will have their construction expert they prefer. Quickly rectifying these issues, especially when they relate to concrete, is critical. If left unaddressed, concrete defects can worsen with time and seriously affect the structural integrity of the home. Ultimately, the safety of the dwelling, and ability of the homeowner to sell the property in the future, is at stake. Conversely, when working with construction companies to rectify their mistake or disprove accusations of fault, it is important to have independent concrete engineer and a working knowledge of concrete, its attributes, and the building industry standards.

As homeowners, we are forced to put our trust in many types of contractors and usually it is relatively straightforward to find a qualified professional who, through referrals, can make repairs. However, in new construction timelines and oversight of projects, contractors are usually not intimately involved in overseeing the project. This is especially true after the home is purchased and the pre-build out is complete. Unfortunately, it may be months or even years after the buyers move into the home, before the Georgia concrete construction defects discovered. Thus, it usually becomes a daunting task to rectify the situation by correcting the defects in a suitable fashion, finding the responsible parties, and holding accountable the responsible parties.

A Georgia construct defect attorney with knowledge of concrete can be invaluable in this process. This is especially true if this Georgia construction lawyer has a trusted construction concrete engineer by their side. One of the first things an attorney will do is to locate an expert who will inspect and evaluate the defects. This expert can also act as a witness during any necessary arbitration or litigation. The expert will have an insightful understanding of the science behind concrete application, not mere experience. This is critical and an experienced construction defect attorney will look for a construction expert who understands the importance of site evaluation, proper mixing techniques, the range of cement grades, correct concrete installation, proper curing for under different types of weather conditions and backfill quality.

ATLANTA, GEORGIA LAWSUIT (LITIGATION) DEFENSE AND LAWSUIT FILING ATTORNEY ADVISES ON RULES ABOUT DEFENDING AND FILING GEORGIA LAWSUITS -- GEORGIA BUSINESSES BEWARE OF THE “LONG ARM” OF GEORGIA LAW

Sat, 17 Sep 2011 00:41:52 -0600

As a Marietta, Decatur, and Atlanta, Georgia lawsuit lawyer who both defends and files lawsuits on behalf of clients, I am writing to you today about Georgia lawsuit on contracts. At its simplest, a contract it is an offer by one party, accepted by another party, and performed, as agreed, by both parties.

Many parties entering into a new Georgia corporate business attorney-client relationship are either so eager to begin their business affairs, or so wary of delaying or derailing a Georgia business deal, that they are wary of bringing up the need for a written contract governed by Georgia Law. If a written contract is agreed to, many try to make it as simple as possible often without seeking the legal advice of an Atlanta, Georgia business contract attorney.

Our Firm has Atlanta business consulting lawyers giving advice to each business, which is custom tailored to their needs (we give such advice on an ongoing basis as needed after hours, on weekends, and more).

This is why many businesses enter agreements without a written contract, without attorney review of a contract, or without even reading a contract. This is also why so many contractual agreements that begin with such optimism and desire for speed, end up dragged down into the mire of contractual litigation, where they are finally forced to resort to the attorneys who could have prevented such a breakdown in the first place.

Protect your Georgia business with an Atlanta business lawyer’s advice and know that it is of the utmost important to have a written contract reviewed by experienced local Atlanta business contract attorney, that covers, simply but effectively, all necessary elements of the binding contract-agreement governed by Georgia law to ensure the rights and obligations of both parties are met.

A simple example of a situation where one clause can solve a great deal of time and expense is the question of jurisdiction to hear your case, the specific court (state or superior, etc.) and governing law.

Many Atlanta and Georgia businesses deal with other businesses, contractors, and customers that are outside of Georgia. So, if there is a lawsuit, where must it be filed? Many tend to believe that they can file a lawsuit in the state where they reside. This is not always the case, in fact, it is most often the very opposite.

Generally, a lawsuit must be filed in the state where the Defendant (the non-suing party) resides.

Thus, if you are a Georgia business, even one that feels it is the victim of a breach by an out-of-state company, you will still have to file in that company’s state with all the extra expenses involved in that.

If you wish to fight to have the case brought within your state and county, you will have to prove that your situation falls within the exceptions to this rule, known as the Georgia Long-Arm Statute (O.C.G.A. 9-10-91). Under the Georgia Long-Arm Statute a lawsuit can be brought in Georgia if the nonresident:

1. Transacts any business within Georgia;

2. Commits a tortious act or omission in Georgia;

3. Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state; and

4. Owns, uses, or possesses any real property situated within Georgia.

This is a very high and fact-based standard and thus a time-consuming, expensive inquiry. It is also one that would have to be addressed before the merits of the case itself could even be considered.

THE BEST WAY TO AVOID THE ABOVE PROBLEMS?

A simple clause within the contract that states, “In the event a dispute arises, the parties agree that all lawsuits, claims, etc. will be brought within the state of Georgia [including county, city, and court where possible] and be interpreted and governed by and under Georgia law.”

[THIS - AND THE ABOVE AND BELOW INFORMATION - IS NOT LEGAL ADVICE - LEGAL ADVICE CAN ONLY BE GIVEN BY A GEORGIA ATTORNEY AT A PROPERLY SET CONSULTATION]

FIND AND HIRE THE BEST ATLANTA CONSTRUCTION DEFECT LAWYER – RETAIN AN EXPERT GEORGIA HOME DEFECT ATTORNEY – FACTORS TO CONSIDER TO FROM AN INSIDER’S VIEW

Tue, 23 Aug 2011 22:21:05 -0600

As a Georgia construction defect lawyer in Atlanta, I realize the importance of new construction arbitration and its binding effect. The legal forum for resolving Georgia new construction defect disputes is usually binding arbitration and triggered by a clause in the “New Construction Dispute Resolution Section” in the “Home Purchase Agreement”. In most cases, the arbitration ruling is final. This means there is no chance to challenge the arbitration ruling, such as an appeal. In short, new home construction arbitration in Georgia is final. Should you disagree with the arbitrator’s award or judgment in your case, you are stuck with their ruling – and, no legal recourse. In your new home construction arbitration case, I know the importance and necessity of having affordable, zealous, and aggressive legal representation leading the way.

As an Atlanta construction law attorney, I have successfully represented countless clients in Georgia home construction defect arbitration cases. I have also represented countless clients in Georgia home construction defect negotiations. What is more, I have successfully brought contractors, builders, sub-contractors, and architects who are at fault, “to the table”, forced them to take responsibility and for their defective construction or design and pay damages, forced them to correct the defects at no charge to the home buyer, or both. It therefore stands that I know what you must look for in choosing a lawyer to represent you in a Georgia construction dispute. This is especially true if your dispute is to be decided through binding arbitration. Regardless, you must decide when it is the right time to seek the assistance of a Georgia construction attorney.

I would presume you found this article because you believe you have a construction defect in your home or other structure, which was caused by or through the negligence, malfeasance, or fraud of your contractor, builder, sub-Contractor, or architect. You will be glad to know, your search has landed you in the right place. The order of events in discovering and addressing a construction defect in your new home are as follows:

• You have found what you believe to be a construction defect

• You have tried to get the contractor to correct what you believe to be a defect, but you can’t get your contractor to correct the problem, or your problem gets the proverbial “band aid” placed on it

• You realize this is your house, it’s probably the biggest purchase you’ll ever make, you will call this place home, and your sixth sense tells you this is not a situation to take lightly and you should see a professional, such as a Georgia Construction Defect Law Attorney!

When you have verified that something is wrong with your home, and that the contractor, builder, sub-contractor, architect, etc. are not going to assist you in addressing or correcting the situation, it’s time to move on to more assertive behavior to protect your asset, as follows:

• Notify the contractor that there is a problem and give him one last chance

• Verify through a third party expert that the problem you believe is a home defect is the type of defect the contractor, builder, sub-contractor or architect should be responsible for, and should correct

• Verify through a third party inspector, expert, or other such person privy to the costs of correcting construction defects, and determine that the costs involved in hiring an attorney are justified. Make sure you consider the total affect the defect will have on you such as diminution in value, future sale value, the problem becoming worse over time, etc.

Now, you have properly identified and noted a construction defect for which the contractor, builder, sub-contractor or architect should be responsible, but will not correct. You have double-checked your findings through a third-party, and you have calculated that the problem is significant monetary issue to seek the assistance of a professional. Now it’s time to seek out your Georgia construction defect attorney to assist you.

ATLANTA, GEORGIA CORPORATE BUSINESS ATTORNEYS ADVISE -- FOLLOW CORPORATE FORMALITIES OR YOU MAY BE PERSONALLY LIABLE

Fri, 15 Jul 2011 22:07:15 -0600

As a Corporate Attorney in Atlanta who advises sole proprietorships, partnerships, and corporations, it is important to remember that each entity is more than just a name on paper that you take on to take advantage of various tax benefits.

Even if you have a simple family-owned business formed as a C Corp, that is no more than you and your spouse as the sole directors and shareholders, it is still important to observe basic required corporate formalities if you want to maintain the protection from personal liability that such a corporation provides.

If you fail to observe these basic formalities, you could risk your C Corp being disregarded by a court in an action called “Piercing the Corporate Veil” where the court holds that you indeed do not have a proper corporation and therefore can be held personally liable for any and all debts.
So, to avoid this and maintain the corporation you have established, what do you have to do?

Annual Meetings. Shareholders and directors must generally meet at least once a year to approve and authorize new business, elect new directors and officers, etc. Of course if this is just you and your spouse, partner, friend, etc., this can be as simple as sitting down or discussing over the phone the business of the company. The key to formalizing this step is keeping records of the meeting known as Minutes.

Minutes. Be sure to keep timely and accurate minutes of all shareholder and director meetings. In other words, write down what actions were discussed, agreed to, and taken, when, by whom, and where. The proper form for Minutes can be obtained from a licensed Georgia Business Attorney.

Consent Forms. Forms for “Actions by Unanimous Written Consent” can also be obtained from your business attorney to formalize and record decisions made at these meetings.

REMEMBER: THERE IS NO SUBSTITUTE FOR FOLLOWING GEORGIA CORPORATE FORMALITIES

At The Adams Law Offices we advise C Corps, Subchapter S Corps, LLCs, and many other types of corporations and business entities on following corporate formalities. Our Atlanta Business Lawyers know the importance of following corporate formalities and how this can prevent you from being personally liable for corporate debts, judgments, and other liabilities of your corporation.