2009
Showing 49–64 of 678 results
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Construction Law Quickcase – Conner Brothers v. Geren – Homeland security trumps delay damages
November / December 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 302
Abstract: A construction company that was working on a military base on 9/11 found itself temporarily ordered off the base as a security measure. Later, it sought additional time to complete its work as well as delay damages under the Changes or Suspension of Work clauses in the contract. It was granted the extra time, but not the damages. This article illustrates why.
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Putting AIA contract language to the test
November / December 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 490
Abstract: American Institute of Architects (AIA) contracts have been put to use in many a job, and their language is well battle-tested in court. But that hasn’t stopped the occasional party from trying its luck against an AIA clause. In this case, a property insurer that wasn’t a party to the construction contract sought to impose a loss on a contractor’s liability insurance company — despite the existence of an AIA subrogation waiver.
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Get it in writing … or else! Proving the value of missing warranties can prove difficult
November / December 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 936
Abstract: Warranties are common and advisable arrangements for general contractors on construction projects. But one common issue at the conclusion of a project is failure of subcontractors to supply written warranties for their portions of the work. And, unless the general contractor buys the missing warranty from another supplier or trade contractor, it might be difficult to prove how much the missing warranty is worth. This case shows that the general contractor may not be able to recover any damages at all for failure of the trade contractor to supply the missing warranty. A sidebar looks at another issue in this case: apportionment of damages.
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Claims settlement – You can’t win if you’re not in the game
November / December 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: Failing to take part in the legal process can leave a party bereft of any potential recourse. In one recent case, a financially strapped subcontractor, being sued for expenses related to poor work, stopped paying its lawyers and failed to participate any further in the case. A settlement had already been paid to the owner by the general contractor — and the subcontractor might normally have been allowed to set this amount off against any recovery against it. But because the subcontractor was in default — and offered no evidence or argument regarding the comparative degree of fault of itself vs. the general contractor — it wasn’t allowed any setoff.
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Dealer Digest – Cash-for-clunkers lessons
November / December 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 421
Abstract: This issue, “Dealer Digest” notes that it’s wise to apply lessons from the “cash-for clunkers” program to retail efforts in 2010. The Digest also discusses the compliance date extension for the FTC’s “red flags” rule, which requires creditors to have a documented compliance strategy to detect identity theft.
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4 ways to put the lid on health care costs
November / December 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 720
Abstract: As Washington debates national health care reform, there’s no reason why dealers have to wait for new legislation to lower costs. There are already four specific steps that can help achieve this goal: changing the terms of the plan, changing the provider, offering more selection through “cafeteria plans,” and promoting health and safety.
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Finding the bright side of tax filing time
November / December 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 611
Abstract: Three business tax breaks could offer benefits for dealers this tax season, but some require action before year end. There are three in particular worth taking a look at: the net operating loss (NOL) carryback, Section 179 expensing and 50% bonus depreciation.
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SBA lends a hand – Floor plan financing program provides working capital
November / December 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 859
Abstract: An expansion of a Small Business Administration (SBA) loan program makes it easier for creditworthy auto dealerships to borrow against inventory, bumping up cash flow, liquidity and access to working capital. The SBA’s dealer floor plan (DFP) financing pilot program began July 1 and runs through Sept. 30, 2010. This article answers some frequently asked questions about the program, and describes industry efforts to encourage lenders to make these loans to dealers.
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Construction Success Story – Contractor improves customer service without a big payout
November / December 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 420
Abstract: Faced with slowing business, a commercial general contractor decided to forgo the equipment and software upgrades he’d planned for. Yet he still felt helpless watching his backlog dwindle with few new prospects on the horizon. Reaching his wit’s end, he met with his financial advisor, seeking suggestions for ways to retain his current clients and gain an edge over his competition — all while saving money. The advisor offered a simple solution: a renewed focus on customer service. It’s inexpensive and one of the most effective ways to strengthen business in the short and long term.
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General contractor focus – Beware of the independent contractor vs. employee dilemma
November / December 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 649
Abstract: The independent contractor vs. employee dilemma is a natural problem for general contractors, who deal with subcontractors and other specialists regularly. This article looks at a couple of examples where the line between independent contractor and employee isn’t clear, and explains the perspective that the IRS uses when determining employee classification.
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3 tax-related scams and mistakes to avoid
November / December 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 412
Abstract: Earlier this year, the IRS issued its annual list of common tax scams, covering everything from identity theft traps to serious mistakes taxpayers can make that the IRS may deem to be frivolous tax claims. Three, in particular, involve phishing scams, misuse of trusts, and fraudulent fuel tax credit claims.
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Presto, chango! – Turning prevailing wages into employee benefits
November / December 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 952
Abstract: As contractors vie for new public works projects, the prevailing wage — the minimum wage contractors generally are required to pay employees working on projects initiated by public agencies — is getting more attention. For each job, the prevailing wage is divided into a minimum basic hourly rate and a fringe benefit amount. Although contractors are required to pay their employees the base rate in cash, the fringe benefit portion can be paid in cash or in the form of a “bona fide” benefit plan. To avoid the complexities, it may be a little easier for a business to pay the entire prevailing wage in cash, but it’s much more expensive. This article shows why, while a sidebar discusses the documentation needed in the event of a Department of Labor audit of a prevailing wage plan.
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Tax Tips – self-directed IRA withdrawals – qualified personal residence trusts – early refunds for corporations
November / December 2009
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 448
Abstract: In this article, we briefly explore self-directed IRA withdrawals, qualified personal residence trusts and early refunds for corporations.
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The pros and cons of 401(k) loans
November / December 2009
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 552
Abstract: In today’s tough economy, many people are struggling to meet their day-to-day expenses. At the same time, the credit crunch has made it harder to obtain traditional loans. This article looks at one enticing alternative, which is to borrow against your 401(k) account, if your plan permits it. This can be a risky strategy, though, so it’s generally best considered only as a last resort
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Address ownership transfer issues with a buy-sell agreement
November / December 2009
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 747
Abstract: There are a number of reasons why owners of closely held businesses put off discussing how ownership interests will be transferred when an owner exits the firm. For one, owners may be concerned about conflicts that could arise if an owner wants to transfer interests to family members or sell them to outsiders. For another, issues such as how fellow owners (or the business itself) will be able to pay for an exiting owner’s interests or the effect of the agreement on estate taxes can seem overwhelmingly complex. This article explains how a buy-sell agreement, when drafted carefully, can address these issues and more.
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The high cost of worker misclassification
November / December 2009
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 732
Abstract: Independent contractors (ICs) offer businesses several advantages. Unlike with employees, you don’t have to withhold income and payroll taxes; make Social Security, Medicare and unemployment insurance contributions; pay overtime; or provide employee benefits. Treating an employee as an IC has always been risky. But in the last few years, these relationships are being looked at more closely and more often. Revenue-strapped tax authorities are scrutinizing worker relationships and often reclassifying ICs as employees. This article reviews the risks of worker misclassification and offers tips on how to tell the two apart.