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.
We know that each party to a contract has different expectations, experience and knowledge of industry standards and procedures. We consider each client's experience and expectations while drafting or reviewing an agreement or litigating a disputed contract term. We will guide you through the negotiations, dispute resolution and trial to achieve maximum results.
Serving A Broad Client Base
Representative clients include corporations, LLCs, 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 and 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 mechanic's liens. CASPA protects subcontractors and contractors, HICPA protects homeowners and consumers, and mechanic's liens are important to all parties. Each provides 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 each contains strict compliance provisions.
Contractors who fail to use proper contracts and who fail to register with the Attorney General of Pennsylvania may violate the Consumer Protection Act and HICPA, for which penalties may be applicable. Failure to secure a waiver of liens or 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
- 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 30 years, attorney Anita O'Meara 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, we have 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
- Unemployment claims
- Liability disputes between landowners, tenants or trespassers, and product manufacturers
Our firm has represented parties on both sides of the aisle of construction defect and work site damage or injury claims, and withheld retainage and scope of work claims. We can assist your business in the field and in the courtroom.
Business Organization And Consulting
Selecting the proper legal structure for your business is imperative to a successful venture. The form you choose has significant benefits, such as preserving assets and positioning for growth. There are important considerations to consider 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 noncompetition, 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 breakup, 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 termination or “wrongful discharge.” Let an experienced professional review your company's contracts and personnel guidelines for the protection your business deserves.
Let Us Protect Your Rights
If you are engaged in a civil dispute in Pennsylvania, we are here to protect your rights and interests. To arrange a consultation with an experienced trial lawyer in Coatesville, call our law offices at 610-383-4008 or contact us online.
