Commercial Litigation

The O’Meara Law Firm, PC has represented builders, contractors and subcontractors, commercial and private property owners, management companies and transportation companies, in a variety of cases, including complex tort and catastrophic claims. At the O’Meara Law Firm, PC, we know that each party to a contract has different expectations, experience and knowledge of industry standards and procedures. We take each client’s experience and expectations into consideration whether drafting or reviewing an agreement or litigation a disputed contract term. We will guide you through the negotiations, dispute resolution and trial to achieve maximum results.

Representative clients include corporations, LLC’s, sole proprietorships, partnerships, individual directors, officers, partners, shareholders and employees in litigation involving breach of fiduciary duty, breach of contract, breach of restrictive covenants, breach of warranties, related business torts, as well as fraud and unfair business practices.

Commercial Cases

Commercial litigation involving payment disputes may trigger the Pennsylvania Contractors and Subcontractors Payment Act (CASPA), the 2008 Home Improvement Consumer Protection Act (HICPA) or the 2009 revisions to Mechanics Liens.  CASPA protects subcontractors and contractors, HICPA protects home owners and consumers, and mechanics liens are important to all parties; each provide for the right to recover interest, penalties and often attorney fees when an owner or contractor fails to perform according to contract terms or these Acts and contain strict compliance provisions.  Contractors who fail to use proper contracts and who fail to register with the Attorney General of Pennsylvania may be in violation of the Consumer Protection Act as well as HICPA, for which penalties may be applicable. Failure to secure a waiver of liens or to timely file a Notice of Lien may prevent recovery. Early intervention by an experienced lawyer who can review your contracts, aging accounts receivables and customer complaints, will help contractors and homeowners avoid or minimize litigation or exposure.

Construction Litigation

Construction industry claims frequently involve design flaw, delay, defective product disputes, personal injuries or breach of warranties allegations. Early and aggressive investigation, preservation of evidence and witness identification can mean the difference in the outcome of any case. Working closely with industry professionals for over 20 years, The O’Meara Law Firm, PC, has the experience and knowledge to handle even the most complex litigation matters.

Business Disputes

Not all disputes are capable of being resolved by negotiation. If you have a dispute that is going to court, The O’Meara Law Firm, PC has the experience to represent your company in litigation involving disputes in any of the following areas: contract or payment disputes, unfair trade or consumer fraud claims, employment agreements, workers compensation and unemployment claims, even liability disputes between landowners, tenants or trespassers, and product manufacturers. The Firm has represented parties on both sides of the aisle of construction defect and work site damage or injury claims, withheld retainage and scope of work claims. The O’Meara Law Firm, PC can assist your business in the field and in the court room.

Business Organization and Consulting

Selecting the right legal structure for your business is imperative to a successful venture. There are significant consequences, such as preserving assets and positioning for growth, to the form you choose. There are important considerations to take into account whether you are just starting out or are firmly established. Keeping your company’s business model and legal structure consistent with its evolution can help you prevent business liabilities from becoming personal liabilities. Whether you choose a limited liability company, partnership or corporation, let us help you avoid problems in the future by drafting partnership, shareholder and employment agreements, including non-competition, trade secret and work product provisions. No one sets out in business unless they are confident they will succeed. Unfortunately, not all businesses last forever. When detailed policies and instructions in the event of a break up, for any reason, including death or divorce, are agreed upon in advance, costly and protracted legal battles can be avoided. Likewise, implementing updated policies and procedures can mean the difference between “employee” or “contractor” status for workers, and between termination or “wrongful discharge”. Let an experienced professional review your company’s contracts and personnel guidelines for the protection your business deserves.