Get Started on Your Construction Venture With a Construction Lawyer

Are you going to start a construction business? Smart. As we are all well aware now, the construction industry will never get out of style. People are developing buildings and sites everywhere-and almost after one construction is finished, another starts right away. Other projects are even simultaneously developed by multi-national constructions companies. Well, it’s not a bad thing if you decide to ride the trend and get some of that profit for yourself. First, you need to arm yourself with the needed preparations to make sure your construction venture stays afloat. The most important consideration in keeping your business intact? Get a construction lawyer.

Legal work is always present in any construction project. That is one reason to get a construction lawyer. However, the preparatory stages of your business venture need a great deal of help from a construction lawyer-starting papers, legal permits, construction permits, business permits, and the like. If you go out there without a lawyer within an arm’s reach, you will really have a bad time. Yes, you can process those things on your own (or your people perhaps), but leaving the strenuous job to a construction lawyer will smoothen things out for you, will makes things run twice as fast.

A new venture is always exciting, especially if it’s as complicated as construction. There are other businesses that are more risky than construction. But this one is equally difficult, with the processes, projects, and everything. I’m sure it’s not rocket science. However, do yourself a favor and leave that job to someone who actually know the ins and outs around the legal system, someone who is actually trained and experienced in the process of construction and legal whatnot. Someone who is a competent construction lawyer. It will give you so much more free space to work on more important things like marketing and getting clients for your new construction business.

You see, a construction lawyer can help you in more ways than one. If you don’t realize that until now, then let’s discuss the benefits further. Engaging in a business will get you in a lot of jams-a dissatisfied customer, a thieving subordinate, a cheating partner, a dispute against a rival construction company, misunderstanding from a supplier. The problem can be anything and everything. How are you going to solve such mess? Yes, that is what I’m talking about. The best person who can pull you out of such situations is a clever and competent construction lawyer.

So, to sum it all up, get your own construction lawyer before all the other plans for your construction business venture. I know that you are very excited right now, and I’m super excited for you too. But patience, my friend. First things first. Let’s prioritize the things that will give us more advantage. Getting a construction lawyer early on will definitely lead you to a smoother starting process. Congratulations! Now you have a partner that will guide you not only with construction dealings, but with the legal matters of your business as well.

18 Guidelines For Every Plaintiff About Lawsuit Funding – No Risk Legal Finance

Lawsuit funding or legal finance is a non- recourse lawsuit loan or lawsuit cash advance. It carries no risk because plaintiffs owe nothing if they lose the case. Lawsuit pre-settlement funding programs provide them with immediate cash to give them and their attorney time to negotiate a larger cash settlement!

Most of the plaintiffs involved in lawsuits do not realize they can get cash advance before their case settles. It is called as lawsuit funding and often referred as lawsuit loan, legal finance, legal financing, legal funding, legal funds, lawsuit cash advance, litigation financing, pre-settlement loan and plaintiff cash advance. The following 18 guidelines, every plaintiff must know about lawsuit loans and lawsuit cash advance. I hope these will help and guide them to take a knowledgeable and judicious decision while seeking a lawsuit funding or lawsuit loan.

1. Who is eligible for Lawsuit funding?

If you are a plaintiff, involved in any of following lawsuits (but not limited to), i.e.: personal injury, auto accident, malpractice (medical, legal, construction), employment discrimination, fraud, product liability, breach of contract, Mesothelioma, negligence, workers compensation, civil rights, class action, patent infringement, whistle blower (qui tam), workers compensation (not in all states), wrongful death, commercial litigation etc.; and if you are represented by an attorney, you may be eligible for a cash advance or legal financing on your pending settlement.

2. (A) How can I benefit from lawsuit funding?

Many plaintiffs are forced to accept a low offer due to the financial hardship they experience soon after their personal injury. A cash advance on your settlement will allow your attorney the time needed to get the full value for your case.

(B) How the lawsuit funding would help me get more money for my lawsuit case? The defendant, in order to save time and money and settle the case early, will offer you far less than what the case is really worth. If you need immediate financial help you may feel pressured to take an earlier (and often smaller) settlement. Lawsuit funding or so called lawsuit loan can ease your immediate financial needs and allow your attorney to continue to fight for a fair larger award.

3. What types of cases are funded by lawsuit pre-settlement funding companies?

A good lawsuit funding company would provide cash advances on mostly all types of cases. The most common types are listed in fact number 1.

4. Is good credit & employment necessary to obtain a Lawsuit loan?

No, the lawsuit funding or legal financing is not based on credit history, unless there is a pending bankruptcy. Applicant may have bad credit score and no employment.

5. Why don’t I just get a bank loan?

Traditional financial institutions, including banks, do not generally lend solely on the merits of a lawsuit. They deem the practice of lawsuit finance or lawsuit funding as too risky.

6. (A) Is this a lawsuit loan?

No, this is not a loan. It is actually non-recourse lawsuit cash advance on the future value of your case. Unlike a loan, if you lose your case you owe nothing in return.

(B) Why is this not a loan?

Loans are repayable absolutely. A loan is type of financial aid which must be repaid, with interest. But lawsuit cash advance, legal finance or lawsuit funding is actually purchasing an interest in your settlement. So, if you lose your case, you do not owe the funding company anything.

7. Do I owe any up front out-of-pocket fees or costs? Are there any additional fees, such as monthly fees, involved?

Absolutely NO! A good lawsuit financing company should not charge any upfront fee or any application fee, processing fee or any monthly fee. There should be only a single fee for the lawsuit funding or lawsuit cash advance, based upon the length of time to settlement of your case. There will be a specific repayment amount, due and payable only after the case resolves itself successfully. And if the case is unsuccessful, there is no repayment required.

8. Will I have to sign any documents? Will my attorney be required to sign any documents?

Yes. You will need to sign an application and after you are approved for lawsuit loan, you and your attorney will sign the Funding Agreement.

9. How big an advance on my settlement can I get?

Lawsuit cash advances are generally limited to, from 10% to 15% of the projected case value. The minimum advance is $250 and the maximum amount available on a single case is one million dollars.

10. Is the defendant insurance company notified?

No, the only parties who know about the lawsuit funding transaction, are you (the plaintiff), your attorney handling your case, and lawsuit funding company.

11. How long does it take for me to get the funds?

If you are eligible you can have your approval decision within 72 hours after reviewing your case documents. Funding company will wire your approved lawsuit funds into your bank account or can Fed Ex your funds within 24 hours of receiving your signed Funding Agreement via fax from your attorney.

12. How is the lawsuit cash advance paid back?

The lawsuit loan is repaid out of the financial settlement award from the case. It is paid at the same time that the proceeds of the claim are paid out to you.

13. What happens if I lose my case?

You owe absolutely nothing in return! The lawsuit loan advanced to you is yours to keep.

14. (A) What can I use the money for?

Anything you like. It is your money. You pay your bills, mortgage and car payments. You can take care of education expenses of your children and pay your medical bills.

(B) What if I need more money later?

If you have not received all the money, lawsuit funding company may be able to provide you more cash advance on your case. You can make another request for additional settlement funding or pre-settlement funding at a later date.

15. Does the legal finance company get involved in my lawsuit case?

NO. They have no input or control in your case. They do not get involved in the attorney-client relationship. All management and decisions pertaining to your case are made by you and your attorney. They have no role in the pursuit of your case. They only involvement is to initially review your case papers, so they can evaluate the claim.

16. How will my attorney feel about me doing this?

Attorneys are sympathetic to the financial strain their clients can experience. In some states, attorneys are not permitted to assist clients financially, but they are allowed to assist in seeking third-party financing, such as plaintiff lawsuit finance or lawsuit funding.

You can apply for lawsuit funding without consulting your attorney first. However your attorney plays an important role in getting your lawsuit funding. Attorneys are typically eager to help a client obtain plaintiff funding because it may mean that a long legal proceeding won’t end with the client having no choice other than to accept a low settlement offer. Applying for plaintiff funding does not interfere with the agreement between you and your attorney in any way.

17. Why my attorney can not lend me money?

The American Bar Association prohibits attorneys from lending money to clients for anything but case expenses. This prohibition exists to prevent a conflict of interest from arising between attorney and his client. If you owed your attorney money you might feel pressured to accept your attorney’s advise to settle your case when you really did not want to accept the amount offered.

This would cause a conflict of interest because your attorney would now be your creditor. In fact, the American Bar Association expressly prohibits attorneys from loaning money to their clients for anything other then case-related expenses.

18. (A) Is this legal?

Yes. The claim or lawsuit is yours and you own it, just like you own a piece of property. After paying your attorney and medical liens (if applicable), the potential remaining money is yours. You may sell or assign it.

(B) Is the process to obtain lawsuit funding or lawsuit loan is confidential?

Yes the total process is confidential, private and quick. Underwriters take a look at your case documents and determine if they think you have a good chance of collecting on your claim. These are the same documents that your attorney prepared to fight your case. If they think your chances to win are good, they will offer you a cash advance.

Partnership In Construction Industry And Tax Audit

Legality of partnerships

Partnerships are a form of joint-venture between private individuals and legal entities which is obliged to know, execute and act in compliance with the requirements of the Law “On VAT”, the Law “On income tax”, the Law “On collection of social and health insurance contributions”, and the Law “On local tax system” in order to be able to exercise a temporary joint activity for profit purposes.

Legal requirements for partnerships function in the same way as for all other taxpayers subject to the above-mentioned laws and they are not exempted unless such exemption for partnerships is the result of an inter-governmental agreement, ratified by their respective parliaments.

Partnerships of investors and owners in construction

Investors or owners of a construction project often have difficulty to finance their project due to the lack of sufficient capital, human resources or technical equipment to implement it. By establishing a joint-venture as a union of private individuals and legal entities to exercise a temporary, joint and for-profit activity, construction project investors and owners often manage to overcome difficulties and accomplish their goals. Although not separate legal entities, such joint-ventures have their advantages and disadvantages. However, they are necessary for construction investors and their quality development.

Partnerships of construction contractors

Construction projects may be implemented by joint ventures of contractors, which are considered partnerships from the perspective the Law “On income tax”. Usually partnerships are created for a specific purpose (project, contract, work) and a limited period of time. Partnerships created for implementing similar construction projects are registered and subject to the same laws that apply to partnerships of investors and owners.

In cooperation with interest groups and other public administration institutions, at the end of each year the Ministry of Finances presents instructions and rules relative to changes in taxes administered by tax authorities.

In order to gain juridical capacity, a partnership between two or more private individuals or legal entities, which can register with the tax administration without a decision from the NRC, will simply complete the required steps described in the Law “On tax procedures”.

Partnerships have the obligation to prepare financial balance sheets presenting financial indicators of their activity. Although they may not be registered as entities with special juridical capacity, according to fiscal legislation, they are obliged to declare closure of their activity and complete relevant closure procedures with the Tax Office, and simultaneously with the NRC, which has issued the certificate for exercising their activity.

Auditing Investors’ partnerships

During audits of partnerships created for financing construction projects, it is important to take into consideration issues relative to creation, activity and liquidation of partnerships. Each partner brings individual resources in a partnership and can be compensated in different ways. Auditors should get acquainted with plenty of specific information, especially information made known to the partners by the Administrative Council. Such information specifically relates to:

– Fairness of information provided to partners;
– Management report;
– Contracted construction project;
– Respect of equality between partners based on their contribution;
– Movement of partnership members;
– Modification of partnership accounting presentation and assessment;
– Irregularities, errors and violations identified;

Review of fairness of information provided to partners is made:

– On one hand, by reviewing the Administrative Council management report and annexes, whether they are mandatory or not, and;
– On the other hand, by checking all documents on partnership’s financial situation and accounting that are addressed to partners.
Audit of a partnership’s balance sheet is conducted in the same way as described above.

Auditing contractor partnerships

Tax auditors auditing partnerships created for implementing construction projects should be aware of the specific issues relative to their creation, activity and liquidation. Each partner brings individual resources into the partnership and can be compensated in different ways. Parties should be considered independently.

Such perspective often leads to potential questions and problems, such as:

– What resources (fixed assets, capital, services, etc.) has each party contributed into the partnership?
– What is the value and basis of property each of them has contributed?
– Which of the partnership members has more active contributions?
– Which are the partnership profit, loss and distribution rates?
– Have there been changes in the property structure inside the partnership?
– Has the partnership distributed liquidities?
– What type of property has been distributed and who are the beneficiaries?
– How is the construction company compensated for its work (in Lek, capital growth, etc.)?
– How does the construction company allocate direct costs in the partnership project?
– What impact does project implementation have on the contract between parties?

Audit of a partnership’s balance sheet and its activity declarations is similar to audits of other juridical forms exercising similar activity, despite their form of organization.

Requests for information from partnerships

According to these construction industrial notes, the history of partnership incomes is very important in calculating their tax obligations and conducting transparent tax audits and assessments, in compliance with the specific legislation for this sector. Incomes indicate the tendency of transactions.

– Costs incurred (deductible or non-deductible) are another important factor for crosschecking the situation of economic activity. Such costs have already been explained in details in the fiscal legislation.
– It is important to have an understanding of labor force in terms of its distribution by types of activity, its share in production and evasion, in terms of zones and employment rates, etc.
– Actives of an economic activity are another significant criterion for the activity of a partnership.
– Loans and obligations of a particular economic activity observed at the moment of tax audits represent a substantial indicator in terms of the assessment of their activity progress and potential abuses with obligations. A breakdown of this group (partners’ accounts, 1-year loans, etc) reveals analytic indicators and shows the importance of the above criterion.

All the above would be insufficient to complete the framework of information on partnerships. In any case, the situation should be carefully studied in advance and this can help to frame the questions to be answered.