The conduct of a lawsuit is called litigation. A lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the government to be treated as if it were a private party in a civil case, as plaintiff or defendant regarding an injury, or may provide the government with a civil cause of action to enforce certain laws.

Because litigation is a complicated and lengthy process, involving strict adherence to deadlines and requires specific knowledge of the topic involved, we focus on real estate litigation, such as disputes relating to the purchase and/or defects of a home or commercial property; disputes relating to the construction or alteration of a home; disputes relating to the use/zoning of a home or commercial property; or disputes relating to the assessment of a home or commercial property.

                Sellers Disclosure/Home Inspection/Property Defect Disputes

Many disputes in this area involve a failure to properly fill out a disclosure statement according to The Real Estate Seller Disclosure Law or failure to obtain various home inspections you are entitled to request or failure to accurately understand the important role of the sales agreement and potential addendum to it in your purchase or sale of a property. Please refer to a Real Estate page for more information regarding these documents.

                Construction/Mechanic’s Lien Frequently Asked Questions

 1. What is a construction or mechanic's lien?
Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim.

2. Who can file a lien in PA?
Pennsylvania law permits contractors and subcontractors to claim a lien for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim shall exceed five hundred dollars ($500).

3. How long does a party have to file a lien?
Parties seeking to claim a lien must do so with the filing of a Lien Claim form within six (6) months of the claimant's last work. Thereafter, a lien claimant has two (2) years to bring an action to enforce the lien.

4. What kind of notice is required prior to filing a lien?
Subcontractors involved in the alteration or repair of property must file a Preliminary Notice of Intent to File Lien prior to the completion of work. Thereafter all subcontractors, even those involved in alteration or repair, must file a Formal Notice of Intent to File Lien at least thirty (30) days before a Lien Claim is filed.

5. By what method is a lien filed in this State?
A Lien Claim form is filed with the Prothonotary of the county where the property is situated, and must be filed within six (6) months of the completion of work. Written notice of the filing must be served on the property owner within one (1) month after filing and recorded within twenty (20) days of service.

6. May a contractor waive his right to file a claim?
Yes, a contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to stop him from filing a claim. Contractors performing work on non-residential property cannot waive their rights to file a claim.

Appeals to Land Use/ Zoning permit denials usually involves requesting special exceptions or variances, which can be complicated and can have a significant impact on the value of your property, your ability to use the property for your intended purpose or your ability to sell the property in the future.

1. What is zoning?
Zoning is a device of land use regulation used by local governments designating permitted uses of land based on mapped zones, which separate one set of land uses from another. Zoning may be use-based (regulating the uses to which land may be put), or it may regulate building height, lot coverage, and similar characteristics. Zoning is commonly controlled by local governments such as counties or municipalities, though the nature of the zoning regime may be determined or limited by state or national planning authorities or through enabling legislation.

2. What is a special use permit?
Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build or use a building for a use that is listed as a special use, a special use permit (or conditional use permit) must be obtained. A special use permit allows a specific exception to the zoning regulations from a list of acceptable exceptions for a particular parcel of land in a district of a particular zoning character. The local zoning authority reviews and grants special use permits. Usually a public hearing must be held by a plan commission and a City Council or other legislative body. With the decision in the hands of political authorities, receiving a special use permit can fall prey to the land use politics and the decision-making process of political leaders.

3. What is a variance?
A variance is a requested deviation from the set of rules a municipality applies to land use known as a zoning ordinance, building code or municipal code. Essentially, variance is an administrative exception to land use regulations. Generally, it is applied when the municipality wants to avoid compensating a landowner for making the landowner render changes to the real property to make it comply with the zoning regulation.  An area variance occurs when an odd configuration of the land requires a simple relaxation of the applicable regulations, such as a setback or a minimum floor area. A use variance is a variance that allows a nonconforming use after the implementation of the zoning regulation or other applicable law. This is more difficult to acquire than an area variance and is open to an attack of spot zoning.

4. What is the Procedure for obtaining a variance?
Variances are typically only granted after undergoing a statutory review process against specified approval criteria. Although review criteria vary from jurisdiction to jurisdiction, three basic criteria are common to the vast majority of variance ordinances:

a. The variance is required due to specific site conditions (property configuration, topography, soil conditions, etc.), which causes unnecessary hardship to the landowner,
b. Granting the variance will not result in a hazard to public health or safety, and,
c. Granting the variance will not result in a grant of special privilege to the property owner (in other words, any other property owner with similar site conditions could obtain a similar variance: this criterion is often addressed by citing precedent) . 

Assessments Frequently Asked 
                Questions

1. What is an assessment?
An assessment is the value placed upon a property. This value reflects the market value of the property. When multiplied by the millage rates in effect the taxes owed for the property are produced.

2. How is my assessment calculated?
An assessor (Certified Pennsylvania Evaluator) will measure and list the characteristics of the property and consider all factors to arrive at a market value assessment.

3. What is "Market Value"?
Current Market Value is defined as "the price which a purchaser, willing but not obligated to buy, would pay an owner, willing but not obligated to sell, considering all uses to which the property is adapted".

4. What is a common level ratio?
A percentage applied to market value to equalize an assessment when appealed to the Board of Assessment Appeals or the Court of Common Pleas. The State Tax Equalization Board (STEB) determines the common level ratio by calculating a percentage between recent sales to their current assessment.

5. What recourse do I have if I don't agree with the assessment?
You may appeal the assessment by completing an appeal form and filing it in a timely manner. In Berks County, a change in assessment must be appealed within forty (40) days of the date of the notice. The open appeal period for filing regular appeal forms is from July 1 to August 15. Any property owner can file an appeal during this time. Results of the appeal are effective for the following tax year.

6. What is the basis to appeal?
You have a valid claim for reduction
only if you can demonstrate that your assessment is in excess of current market value. The law presumes the assessment value is correct until proven otherwise. High taxes and/or ability to pay are not valid reasons to appeal. If you can demonstrate that your assessed value is greater than the current market value multiplied by the CLR you may be eligible for a reduction.

7. Who hears the appeal?
The appeal hearing is held before a three-member Board of Assessment Appeals. It is a quasi-judicial Board appointed by the County Commissioners.

 8. What is the appeal process?
An appointment notice, which includes the date and time of the appeal, is mailed to the property owner. The appeal is an informal hearing. At this hearing the owner must present evidence proving the current market value of the property. As a result of the evidence presented at the appeal hearing, final decisions are rendered and mailed to the property owner. The final decision of the Assessment Board can be appealed to the Court of Common Pleas within thirty (30) days of the date on the final notice.