Carta, McAlister & Moore, LLC

Connecticut statutes entitle contractors and subcontractors who have performed labor or supplied materials to improve your home to assert a mechanic’s lien to secure payment for their work. There are strict rules that govern the filing and enforcement of these liens. Homeowners should be aware however, that mechanic’s liens can be foreclosed in the same manner as a mortgage. It is best to ensure that you are provided releases or lien waivers as required by your contract with your general contractor.

Failing to investigate the contractor by checking references and the Consumer's Affairs agencies and neglecting to take the time to reduce the details of their agreement to a formal, written contract.

A brief amount of online research can reveal a lot of helpful information. Visit the Department of Consumer Protection’s website to confirm that your contractor is licensed; search court websites to determine whether your contractor or architect has been sued or has a history of suing past clients, and the Secretary of State’s website can confirm that your contractor’s business is a currently registered entity. You should make further inquiries if any of these searches reveals multiple entities with similar names and owners. Finally, be sure to get and check references.

Disputes in residential construction must frequently arise from an incomplete understanding of the drawings and specifications and from changes made during the construction process.

Given the likely magnitude of your investment in your new home, it is critical to have contracts to clearly establish everyone’s role, their respective liability, and what happens if conflicts later develop.

Yes. When reviewing the Operating Agreement be sure you understand the restrictions on the marketability of your membership interest, the extent to which your percent ownership can be diluted, what your rights are if you leave the business, and any post-employment restrictive covenants such as non-compete provisions.

The most important document to fully understand is the Operating Agreement.

Most Operating Agreements contain provisions that require a partnership to make its financial records reasonably available to all partners. In addition, states such as Connecticut, Delaware and New York also have statutes that entitle minority partners to obtain copies of a partnership’s financials.

Severance Agreements can be nuanced legal documents that seek your release of significant rights including all known and unknown claims, your indemnification rights, and frequently attempt to expand the covenants that give your employer post-employment control over you.

Not only are you protected against discrimination on the basis of your pregnancy, but by statute in Connecticut you are entitled to reasonable workplace accommodations.

As a Company’s intellectual property is now frequently among its most valuable assets, confidential provisions have taken on greater importance and increasingly led to litigation and arbitration.

Given the likely magnitude of your investment in your new home, it is critical to have contracts to clearly establish everyone’s role, their respective liability, and what happens if conflicts later develop.

New business formations require a number of different agreements and/or legal filings. They may include: A registration with the Secretary of State; an application for a tax identification number or TIN; a shareholder agreement; an Operating Agreement; and employment agreements.

Yes, but there is a statute in Connecticut that restricts non-compete provisions applicable to physicians to one year and to a geographic area of no more than 15 miles from the primary site where the physician practices.

Generally, non-competes are enforceable in Connecticut but they must pass a reasonableness test.

Yes, Connecticut is an “at-will” state and it means that an employee can be fired at any time without cause in the absence of an agreement to the contrary.