Minore Law Protecting The Best Interests Of Commercial Clients In The Construction Field And Other Industries 2026-06-30T00:45:58Z https://www.minorelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1502318/2020/09/cropped-site_icon-32x32.jpg On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[Lease assignment can help businesses leave failed locations]]> https://www.minorelaw.com/?p=47232 2026-06-30T00:45:58Z 2026-06-30T00:45:58Z How lease assignment works Lease assignment is effectively an arrangement where one party takes over a lease when the initial tenant must vacate the premises. Commercial leases sometimes include clauses addressing lease assignment. Landlords might allow lease assignment in some cases. Other times, they might restrict lease assignment by specifically requiring that a business in the same industry take over the lease. They may require an opportunity to review and approve any potential new tenant contemplating lease assumption. Other times, commercial leases may outright prohibit lease assignment, which can leave tenants in a difficult position. Even when a lease does not allow for assignment, landlords aware that tenants intend to leave the facility or dissolve their companies may work with individual tenants to facilitate a lease assignment arrangement or other mutually-beneficial compromise. Reviewing the language of the original lease with a commercial real estate attorney can help business leaders determine what restrictions apply and what options may be available when ending a lease early. A lawyer can also help with difficult conversations with the landlord. Those hoping to end a lease early often need legal help to avoid mistakes that can prove costly, and that’s okay.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[Clarity in construction contracts]]> https://www.minorelaw.com/?p=47231 2026-06-18T19:45:47Z 2026-06-18T19:45:47Z Contracts are crucial in construction projects. They accurately define everyone’s rights and responsibilities, the scope of work, risk allocation, payment terms and dispute resolution. However, various factors determine whether or not a contract will be effective. One of them is clarity. An ambiguous contract usually leads to disputes that can negatively impact a construction project. So, what constitutes an ambiguous contract?

Patent and latent ambiguity

Ambiguity in contracts typically falls into two main categories – patent and latent ambiguity.  Patent ambiguity is obvious - directly on the face of the contract. For example, when the scope of work clause states a contractor must “install 50 linear feet of copper pipe," but the architectural drawings show a run of "150 linear feet of copper pipe. When one notices contradictory information in a contract, they should inquire. They must ask the project owner or contractor to clarify the matter. Latent ambiguity is hidden and only becomes apparent when a contract is applied to real-world circumstances. When a project is underway, a contractor, subcontractor, architect or supplier may notice language that initially seemed clear allows multiple interpretations. Examples of language in a construction contract that can be interpreted differently include industry-standard materials, upgraded paint finish, substantial completion, ready for grading, best efforts and reasonable time.  Moreover, a disconnect between drawings and reality can lead to latent ambiguity. For instance, when a contract states a project requires digging through standard soil and anchoring into solid bedrock at 5 ft. But when digging begins, bedrock is not reached until 12 feet. Or when a contract states the site has soft clay or workable soil, but the contractor discovers solid, unyielding bedrock earlier than anticipated. A differing site condition (DSC) can lead to massive cost overruns and significant delays. Ambiguity in a construction contract can lead to disputes. If you are facing such an issue, get more information to determine the best way forward.  ]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[What is a mechanic’s lien and why does it matter?]]> https://www.minorelaw.com/?p=47230 2026-06-08T08:25:52Z 2026-06-08T08:25:52Z Construction projects often involve multiple parties working closely together to complete a job. When payment disputes arise, the consequences can affect everyone involved, from contractors to property owners. Unexpected legal issues can create delays, financial strain and uncertainty. Understanding how mechanic’s liens work can help both property owners and construction professionals protect their interests.

Understanding payment protection during construction projects

A mechanic’s lien is a legal claim that contractors, subcontractors or other construction professionals may place against a property when they have not been paid for work performed or materials provided. The lien attaches to the property itself, creating a security interest that can help the unpaid party recover the money they are owed. While the name may suggest otherwise, mechanic’s liens are not limited to mechanics and are commonly used throughout the construction industry. For contractors and suppliers, a mechanic’s lien can be an important tool for protecting their right to payment. Construction projects often involve multiple layers of contracts and payment obligations, which may sometimes lead to disputes or delays. Filing a lien can help to encourage resolution by placing pressure on the property owner or other responsible parties to address the unpaid balance. However, strict legal requirements and deadlines usually apply, making proper compliance essential. Property owners should also understand how mechanics’ liens can affect them. A lien may impact the ability to sell, refinance or transfer the property until the issue is resolved. In some situations, owners may face lien claims even if they have already paid the general contractor, particularly when subcontractors or suppliers remain unpaid. Taking steps such as reviewing contracts carefully, maintaining accurate payment records and obtaining lien waivers when appropriate can help reduce the risk of disputes. Construction projects can be complex, and mechanic’s lien issues often involve detailed legal requirements. Whether you are seeking payment for completed work or dealing with a lien filed against your property, obtaining guidance from a knowledgeable legal professional can help you understand your options and work toward a practical resolution.  ]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[The risk of variable commercial lease CAM charges]]> https://www.minorelaw.com/?p=47229 2026-05-25T20:33:07Z 2026-05-25T20:33:07Z common area maintenance (CAM) charges. Also known as CAM fees, CAM charges represent the cost to maintain shared amenities, such as bathrooms, parking lots and the building’s infrastructure. They can make balancing a business budget more difficult.

CAM fees can make costs unpredictable

In some commercial leases, landlords establish a specific amount they intend to charge as CAM fees. Each tenant pays a fixed amount every month in addition to their rent and any utilities for which they are responsible. Other times, landlords have variable CAM fees included in their commercial leases. They assign a percentage of responsibility to each tenant. The problem with that approach is that they may try to pass on sudden, massive expenses, such as resurfacing the entire parking lot, to the tenants. The CAM charges could fluctuate drastically from one month to the next. Unpredictable CAM fees can put intense financial pressure on business tenants, who may be at risk of interest, late fees or even eviction if they cannot pay what their landlord charges them. In scenarios where CAM charges surge and seem inappropriate given the services provided by the landlord, tenants may need help reviewing their leases and responding effectively to excessive CAM charges. Retaining the support of a commercial real estate attorney can help frustrated business tenants fight back against unfair charges or prospective commercial tenants evaluate police terms for hidden risks, such as variable CAM charges.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[How Arizona laws protect contractors from bad customer debts]]> https://www.minorelaw.com/?p=47228 2026-05-14T18:26:23Z 2026-05-14T18:26:23Z Late payments and unpaid construction invoices can create serious financial problems for contractors and subcontractors. Delayed payments may affect payroll, materials, scheduling and the overall stability of a construction project. Arizona construction laws provide important protections for contractors dealing with nonpayment issues.

Rights when payment is delayed

Arizona law allows contractors to suspend work or terminate a construction contract in certain situations involving unpaid certified amounts. This protection applies when owners fail to make timely payments for completed and approved work.

Notice requirements before stopping work

Before suspending work or terminating a contract, contractors generally must provide written notice to the owner. In many situations, Arizona law requires at least seven calendar days of notice unless the contract allows a shorter period. Subcontractors may also have notice obligations involving both the contractor and the project owner, depending on the circumstances of the payment dispute.

Protections for subcontractors

Arizona law also protects subcontractors when payment issues occur between owners and contractors. Subcontractors may have the right to suspend work if approved payments are withheld or if payment delays are unrelated to the subcontractor’s performance.

Recovery of additional project costs

When work is suspended because of nonpayment, contractors and subcontractors may also seek payment for certain shutdown or restart-related expenses.

Importance of proper documentation

Construction professionals should maintain organized records of contracts, invoices, certifications, communications and payment approvals. Written documentation can become critical if disputes arise later. Arizona law also outlines acceptable methods for delivering written notices, including personal delivery and methods that provide proof of receipt.

Protecting your construction business

Bad customer debts can place significant stress on construction businesses of all sizes. Understanding Arizona payment protection laws can help contractors respond appropriately when payment problems arise. Seeking reliable legal guidance may also help you better understand your contract rights, notice requirements and options for recovering unpaid construction balances.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[Missed contract deadlines may cause financial harm]]> https://www.minorelaw.com/?p=47227 2026-04-30T21:11:30Z 2026-04-30T21:11:30Z missing a deadline could still cause harm.

Lost hours of productivity

Missed deadlines can still impact productivity, which can affect a company's bottom line. Say the aforementioned roofing materials were meant to be delivered on a Monday, but they did not arrive until Friday. Technically, the material supplier did fulfill their end of the bargain and delivered the materials that were paid for. But because they are multiple days late, the roofing company has lost almost an entire week of productivity. This could impact their schedule and make it impossible for them to take other lucrative jobs. Therefore, even though the contract was fulfilled, missing the deadline could still qualify as a contract breach, and the roofing company may be able to pursue litigation over the related damages. Contractual disagreements can be complex, especially when both sides do not see eye to eye about specific deadlines or other requirements in the contract. When disputes arise or litigation becomes necessary, it can help to work with an experienced attorney.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[What happens when a contractor walks off the job?]]> https://www.minorelaw.com/?p=47226 2026-04-13T05:29:29Z 2026-04-13T05:29:29Z Contractors do not always leave behind a clean, finished project. Sometimes, they leave silence, unanswered calls and a job site that suddenly goes still. For property owners, that moment can feel like everything is up in the air. Deadlines slip by, costs rise and questions start to build faster than answers.

Your legal options after abandonment

It may often start with small warning signs: missed deadlines, fewer workers showing up or materials that never arrive. Then, without clear explanation, the contractor stops coming altogether. At that point, the project is not just delayed but completely derailed.  A written contract is the foundation for resolving this situation. Most construction agreements outline timelines, payment schedules and what happens if work is abandoned. If the contractor walks off without legal justification, it may be considered a material breach of contract. That breach may give the property owner the right to hire a replacement contractor, pursue compensation for the additional costs incurred and in many cases, recover damages for delays and project overruns. The key is to document everything, including photographs, invoices and any communications, before you make your next move.  Many construction contracts also include performance bonds or require the contractor to carry insurance, both of which can be powerful tools for recovery. If a bond is in place, you may be able to file a claim directly against the responsible company to cover the cost of completing the work. Similarly, a contractor's liability policy may come into play if the abandonment caused property damage or created unsafe conditions on the job site. However, the process is not always straightforward. Owners must be careful not to take steps that could unintentionally violate the contract themselves, such as failing to provide required notices before termination. There may also be lien concerns, especially if subcontractors or suppliers were not paid before the project stopped. Addressing these issues early can help prevent further delays and financial exposure. When a project is left unfinished, the path forward can feel uncertain. Speaking with a qualified legal professional can help clarify your rights, protect your investment and guide you toward the most practical resolution.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[Key details in business partnership agreements]]> https://www.minorelaw.com/?p=47224 2026-03-24T18:04:17Z 2026-03-24T18:04:17Z A business partnership agreement is very important. It helps define the relationship and can even help prevent future disputes. It should be drafted at the very beginning, ideally before the business ever opens its doors.  Every partnership agreement is going to be unique, based on the type of business and the relationship between those business partners. But here are a few areas that should generally be addressed when making these agreements.

Duties and responsibilities

Each partner should know exactly what responsibilities they have, and they also need to understand their authority within the business. This could relate to decision-making abilities, for example, which may be split between the partners or divided based on their area of expertise. 

Contributions and earnings

Financial details should always be addressed. This includes how much each business partner is expected to contribute and how earnings and income will be divided. For instance, some partnerships set up a salary for each person, while others take a percentage of overall earnings.

Dispute resolution tactics

In the event that a dispute does arise in the future, a partnership agreement can already define some of the steps that may need to be taken. An example could be requiring mediation before litigation.

Liabilities and losses

If the company suffers losses or takes on significant debt, business partners should also understand their financial responsibilities. Some of this will depend on the chosen business structure, such as using an LLC to avoid personal liability. When starting a business partnership, it is crucial for both parties to know how to draft an appropriate agreement and what legal responsibilities they have.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[Set clear boundaries and prevent scope creep]]> https://www.minorelaw.com/?p=47222 2026-03-10T18:06:15Z 2026-03-10T18:06:15Z Contractors realize that the success of their businesses rests on customer satisfaction. Certainly, pleasing clients should be high on any contractor’s list of priorities. However, getting caught up in pleasing clients can inexorably chip away at the contractors’ profit margins. Read more below about how to stave off scope creep in your projects.

Strong contracts are best defense

The main problem with issuing boiler-plate contracts to clients is that these don’t always feature built-in barriers to scope creep on construction projects. While many contracts can be adapted to fit a contractor’s specifications, without a thorough legal review of the contracts issued to clients, you open yourself and your company up to litigation.

Clients always want options

Somewhere between the client’s request for additions or revisions and the terms of the contract lies a space where negotiations can be undertaken. If the client’s requests jeopardize your bottom line or time constraints, it’s perfectly acceptable to renegotiate a contract to accommodate both the client and the contractor.

Commit discussions to writing

Anyone can dispute the outcome of telephone or in-person talks between clients and contractors. But that becomes much more challenging to dispute when each discussion and encounter is followed by emails that summarize the discussion and state any concessions. It’s precisely this type of evidence that can thwart a client’s challenges to a project’s terms. Recapitulating any objections or requests for expansion of projects establishes a paper trail that could prove pivotal if any litigation ensues due to contract disagreement.

Protect your and your company’s reputation

If you are unsure about how to proceed and deter scope creep, it’s always prudent to learn more about your legal rights and responsibilities.]]> On Behalf of The Law Offices of Dominica J. Minore, P.C. <![CDATA[Can a landlord enter a tenant’s property?]]> https://www.minorelaw.com/?p=47221 2026-02-23T15:16:35Z 2026-02-23T15:16:35Z One issue that landlords and tenants sometimes run into is access to the property. It can often be a matter of perspective. A landlord may think that they are allowed to access the property at any time because they own it. Meanwhile, a tenant may think they should have an expectation of privacy because they are on the lease. In a general sense, the tenant is correct. A landlord should never abuse their right to access the apartment, they should never harass the tenant and they do have to respect the tenant’s right to privacy. However, there are a few exceptions or situations in which landlords can enter an apartment or a home that is being leased.

In an emergency

First of all, if there is a significant emergency, the landlord may be able to enter to take appropriate action. Perhaps there is a gas leak, and they want to turn off the gas valves, for example, or perhaps there is a fire on the property.

If they provide advance notice

Most of the time, what a landlord will do is talk to the tenant in advance and give them 48 hours of notice that they need to enter the property for a specific purpose. Maybe they need to perform maintenance, conduct an inspection, make improvements, supply necessary services or even show the space to prospective tenants. A tenant is not supposed to unreasonably withhold consent and should work with the landlord to provide access. But at the same time, they should be given advance notice, so they are not surprised when the landlord shows up to perform maintenance or take another approved action. Communication between both parties is a critical component.

Resolving a dispute

In some cases, access to the apartment will result in a dispute where one party believes that their rights have been violated and the other does not. When landlords and tenants find themselves in this position, it may be necessary for them to look into all of their legal options to seek an appropriate resolution.]]>