Today's Times Herald Record contains a lenghty list of property owners who have failed to pay their real property taxes (see page 60). By publishing this list, Orange County is taking its first steps toward foreclosing on your property. It is essential that if you are on this list, you do not ignore it and respond by either redeeming your property taxes or filing an answer. I also strongly advise that you consult with an attorney. You must act to protect your rights.
This is not intended to be legal advice nor does it establish an attorney client relationship. This may be considered attorney advertising.
Wednesday, October 24, 2012
Tuesday, October 16, 2012
Get It in Writing
Scott Wohl of the Builder's Assocation of the Hudson Valley wrote a great article in today's Times Herald Record discussing the warning signs of unscrupulous building contractors and how to protect yourself. (See link below) I think his most important piece of advice is to get a written contract. This advice applies extends far beyond the construction industry and applies to any business relationships.
It is important that the contract describe the scope of work, the cost, and provide a discussion of what happens should something go wrong. The contract provides a rule book during the course of the business relationship and should things go awry, a judge can interpret that rule book in court.
Here are some examples of why a contract is so important.
My client Jane Doe comes to me with a simple contract that reads to the effect:
John Builder agrees to build a deck for $10,000 for Jane Doe at 123 Main Street. 20 percent down with the rest upon completion.
This simplistic contract fails to address a number of critical items such as the quality of the deck, the materials to be used, and the size. Is there a completion date? Are there rules regarding where the workers should store there materials? Is a building permit required? Who is responsible for obtaining that building permit? More importantly, this contract fails to identify what happens if something goes wrong or if one party fails to perform. Who is entitled to what?
Another common occurence is when a client comes into my office and hands me the simplistic contract described above and says to me, "Well John Builder told me that he would use composite decking but he used scrap lumber instead." Because the term composite decking is not in the written contract or in a written contract modification (aka a change order), it becomes very difficult to enforce. It becomes a he said vs. she said in court. Had the contract specified composite decking as the required material, John Builder would be in breach of contract and the homeowner would have been entitled to some level of damages.
Lastly, I have had a number of clients who did not get a contract when doing business with family friends because they trusted them. If they are truly your friend, they will provide a detailed written contract so that the rights and obligations of both sides are clearly spelled out and expectations are clear.
Guest Columnist: Warning signs you should try to keep in mind | recordonline.com
This is not intended to be legal advice or establish an attorney client relationship. Should you have a legal matter that you wish to discuss with Elizabeth K. Cassidy, please contact her office at 845-981-7223
It is important that the contract describe the scope of work, the cost, and provide a discussion of what happens should something go wrong. The contract provides a rule book during the course of the business relationship and should things go awry, a judge can interpret that rule book in court.
Here are some examples of why a contract is so important.
My client Jane Doe comes to me with a simple contract that reads to the effect:
John Builder agrees to build a deck for $10,000 for Jane Doe at 123 Main Street. 20 percent down with the rest upon completion.
This simplistic contract fails to address a number of critical items such as the quality of the deck, the materials to be used, and the size. Is there a completion date? Are there rules regarding where the workers should store there materials? Is a building permit required? Who is responsible for obtaining that building permit? More importantly, this contract fails to identify what happens if something goes wrong or if one party fails to perform. Who is entitled to what?
Another common occurence is when a client comes into my office and hands me the simplistic contract described above and says to me, "Well John Builder told me that he would use composite decking but he used scrap lumber instead." Because the term composite decking is not in the written contract or in a written contract modification (aka a change order), it becomes very difficult to enforce. It becomes a he said vs. she said in court. Had the contract specified composite decking as the required material, John Builder would be in breach of contract and the homeowner would have been entitled to some level of damages.
Lastly, I have had a number of clients who did not get a contract when doing business with family friends because they trusted them. If they are truly your friend, they will provide a detailed written contract so that the rights and obligations of both sides are clearly spelled out and expectations are clear.
Guest Columnist: Warning signs you should try to keep in mind | recordonline.com
This is not intended to be legal advice or establish an attorney client relationship. Should you have a legal matter that you wish to discuss with Elizabeth K. Cassidy, please contact her office at 845-981-7223
Wednesday, October 10, 2012
Welcome
This will be the first of what I hope are many posts about changes in the law, recent case decisions, and important local and state news. As a lawyer, I must provide the obligatory disclaimer. Information contained on this blog is not intended to be legal advice nor does it establish an attorney-client relationship. Anything you post to this site open for the public to see and potentially use against you later on so please do not share your specific legal matters on this forum. If you wish to discuss your legal matters privately with me, please do not hesitate to call my office at 845-981-7223 or send me an email at ecassidy@ekcassidylaw.com.
Parents choose schools on numbers and emotion | recordonline.com
Parents choose schools on numbers and emotion | recordonline.com
As a follow up to my post last week on municipal consolidation, here is an editorial that appeared in this morning's Times Herald Record. Note the fifth paragraph which reads "Some of the anguish is purely emotional, the understandable loyalty people have to a district that might not be their own but that has become part of the experience of so many students and families. Those are the emotions that often halt talks of mergers between two struggling districts even though the economics and demographics all show that combining schools is the only way to survive."
As a follow up to my post last week on municipal consolidation, here is an editorial that appeared in this morning's Times Herald Record. Note the fifth paragraph which reads "Some of the anguish is purely emotional, the understandable loyalty people have to a district that might not be their own but that has become part of the experience of so many students and families. Those are the emotions that often halt talks of mergers between two struggling districts even though the economics and demographics all show that combining schools is the only way to survive."
Friday, October 5, 2012
Consolidation, an "Evil" Word
Recently, there has been a lot in the press about the Greenwood Lake School District and its decision to send its high school students to Chester or Warwick School Districts, not Tuxedo where Greenwood Lake students have been going for decades. The focus of the debate was dollars and cents. Quite simply Tuxedo's tuitition was too expensive when compared with Chester and Warwick.
While several proposals were presented, one proposal was noticeably absent (or at least not widely reported): Consolidation. Why do we need 5 school districts in southern Orange County when we can have one or two?
Warwick has approximately 4,200 students, Chester has 1,100, Greenwood Lake has 550, Florida has 850 and lastly, Tuxedo has 625. To educate approximately 7300 students, we have 5 districts, 5 superintendents, 5 administrative offices, 5 bus arrangements....and the list goes on. Last year, Greenwood Lake levied approximately $28,500 per student. As someone who went to a high school with 1600 students, I struggle to imagine how a district operates with any efficiency to serve such a small number of students. How do they remain sustainable?
Please do not misunderstand me, consolidation is not something that one can waive their magic wands and make it happen overnight. There has to be careful consideration and thoughtful planning by all involved. I appreciate that in the case of Greenwood Lake there simply was not enough time to consider consolidation. But why can't we consider it for the future?
I believe that consolidation is not often present as an option because it appears to me that many throughout New York view "consolidation" as an evil word and do not chose to consider consolidation. Perhaps this because with consolidation comes another C word - change. Change in how things have been done in the past and probably more importantly a change in power. Consolidation means that someone has to relinquish control.
It is my belief that this view towards consolidation will start to change and has in fact started to change as muncipalities including school districts struggle to address this economic crises and our ever growing tax burden. Right now the Town and Village of Chester are considering merging their police departments. Warwick has done that in the past with success. New York State has been encouraging consolidation through the use of grants.
Hopefully, after thoughtful consideration, consolidation will no longer be an evil word.
This is not intended to be legal advice or establish an attorney client relationship.
Contact the Law Office of Elizabeth K. Cassidy PLLC to discuss your legal needs today. 845-981-7223
While several proposals were presented, one proposal was noticeably absent (or at least not widely reported): Consolidation. Why do we need 5 school districts in southern Orange County when we can have one or two?
Warwick has approximately 4,200 students, Chester has 1,100, Greenwood Lake has 550, Florida has 850 and lastly, Tuxedo has 625. To educate approximately 7300 students, we have 5 districts, 5 superintendents, 5 administrative offices, 5 bus arrangements....and the list goes on. Last year, Greenwood Lake levied approximately $28,500 per student. As someone who went to a high school with 1600 students, I struggle to imagine how a district operates with any efficiency to serve such a small number of students. How do they remain sustainable?
Please do not misunderstand me, consolidation is not something that one can waive their magic wands and make it happen overnight. There has to be careful consideration and thoughtful planning by all involved. I appreciate that in the case of Greenwood Lake there simply was not enough time to consider consolidation. But why can't we consider it for the future?
I believe that consolidation is not often present as an option because it appears to me that many throughout New York view "consolidation" as an evil word and do not chose to consider consolidation. Perhaps this because with consolidation comes another C word - change. Change in how things have been done in the past and probably more importantly a change in power. Consolidation means that someone has to relinquish control.
It is my belief that this view towards consolidation will start to change and has in fact started to change as muncipalities including school districts struggle to address this economic crises and our ever growing tax burden. Right now the Town and Village of Chester are considering merging their police departments. Warwick has done that in the past with success. New York State has been encouraging consolidation through the use of grants.
Hopefully, after thoughtful consideration, consolidation will no longer be an evil word.
This is not intended to be legal advice or establish an attorney client relationship.
Contact the Law Office of Elizabeth K. Cassidy PLLC to discuss your legal needs today. 845-981-7223
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