#to the amount of coverage and language used and questions asked and statements reported as fact that turned out to be lies

[dorianpavus]

guess what made the front page of the ny times today

[bigyack-com]

Clint Eastwood’s ‘Richard Jewell’ Is at the Center of a Media Storm

ATLANTA — Clint Eastwood received a standing ovation on Tuesday when he was introduced by the Georgia House speaker, David Ralston, for the red-carpet premiere of “Richard Jewell” at the Rialto Center for the Arts in downtown Atlanta. The audience broke into applause again at the climax of the fact-based film Mr. Eastwood directed about the security guard who was suspected by the F.B.I. of planting a bomb at the 1996 Summer Olympic Games.The reaction was a contrast to how the film was received Wednesday at a screening arranged by Cox Enterprises, the owner of The Atlanta Journal-Constitution, at a theater near the newspaper’s headquarters. During a scene in which a Journal-Constitution reporter is shown offering sex to an F.B.I. agent in exchange for information — a scene the paper has called “false and defamatory” — an audience member hissed.The film shows Kathy Scruggs, a law enforcement reporter, sidling up to the F.B.I. agent at a bar days after a pipe bomb packed with nails had exploded at Centennial Olympic Park in the city’s downtown area, causing two deaths and injuring 111 people. “Give me something I can print,” says Ms. Scruggs, who is played by Olivia Wilde.The agent is played by Jon Hamm. Using crude language, he implies that he would not give her the name of the leading suspect in the bombing even if she were to have sex with him. After the reporter’s hand climbs up his thigh, he relents, saying the F.B.I. was looking into Mr. Jewell, a man who had been hailed as a hero in news reports for his discovery of the bomb, a heads-up move that led to the clearing of the park, greatly limiting casualties.The movie, which is being released on Friday, depicts the reporter as grateful for this piece of information. “Want to get a room, or just go to my car?” she asksIn most respects, “Richard Jewell,” based on a 1997 Vanity Fair article, “American Nightmare,” and a recently published nonfiction book, “The Suspect,” is faithful to the events it describes. But the scene in which Ms. Scruggs, who died in 2001 at age 42, trades sex for a scoop did not appear in either the article, by Marie Brenner, or the book, written by Kent Alexander, the United States attorney in Atlanta at the time of the bombing, and Kevin Salwen, a journalist who was based in Atlanta for The Wall Street Journal.As the movie shows, Mr. Jewell was indeed a suspect, and The Journal-Constitution reported that fact in a front-page article. After a CNN anchor read the story aloud on the air, other networks and newspapers joined the media herd. The suspect, who was never charged, spent his days holed up in his apartment as reporters staked him out, an ordeal that ended only when he was exonerated three months after the bombing.In 2005, Eric Robert Rudolph, a serial bomber, confessed to the crime. Mr. Jewell died in 2007, a symbol for those who have faced trial by media during the 24-hour news cycles that came about when cable television was on the rise, a syndrome that prefigured the rushes to judgment of the social media era.Tom Johnson, who was the president of CNN at the time of the bombing, said the news media’s handling of the story was regrettable. “We were almost saying that he was guilty,” he said in an interview. “Nobody wrote that, but the unbelievable amount of coverage that was being given to Richard Jewell and the way in which all of us were trying to investigate it and report on it — it was incredibly complex, but it was unsettling.”(The New York Times played down Mr. Jewell’s status as a suspect at the time in an article that focused on the media reaction, cautioning that there was not enough evidence to charge him.)Mr. Eastwood’s film, written by the veteran screenwriter Billy Ray, follows the standard practice for movies based on real-life events by taking liberties with certain facts to speed the story along. But it uses Ms. Scruggs’s real name while giving a new one to the F.B.I. agent, raising the question of whether the filmmakers risked damaging the reporter’s reputation in their efforts to convey how Mr. Jewell lost his.This week, The Journal-Constitution sent a letter to Warner Bros. and the filmmakers, hinting at legal action for what it characterized as a defamatory depiction of Ms. Scruggs and an incomplete portrayal of how the paper arrived at the article naming Mr. Jewell as a suspect.“For a film that purports to be about the besmirching of someone’s reputation to proceed to smear Ms. Scruggs and the paper she reported for in this manner is highly offensive,” said the letter, which was also signed by Cox Enterprises, the owner of the newspaper and one of the country’s largest cable companies. Cox hired the litigator Martin D. Singer, known for his work on behalf of celebrities like Charlie Sheen and Bill Cosby, to represent the paper.Warner Bros. fired back with a statement that said, “It is unfortunate and the ultimate irony that The Atlanta Journal-Constitution, having been a part of the rush to judgment of Richard Jewell, is now trying to malign our filmmakers and cast.”Weeks before the film’s release, The Journal-Constitution published an article headlined “The Ballad of Kathy Scruggs.” It described a “hard-charging” police reporter who used “salty language,” wore “short skirts” and did not leave crime scenes “until her notebook was full.” The article also said the film version of Ms. Scruggs “veers from reality, according to people who knew and worked with her, in suggesting she landed scoops by offering to sleep with sources.”The film’s bar scene has turned a cinematic examination of privacy, due process and the excesses of the news media into a target for critics who have called it the latest example of Hollywood’s sexist take on women in journalism. The trope of female reporters sleeping with sources or story subjects has appeared in the HBO limited series “Sharp Objects,” the Netflix show “House of Cards” and the movie “Thank You for Smoking,” among other productions.Kelly McBride, a onetime police reporter who is the senior vice president of the Poynter Institute, a nonprofit organization that supports journalism, said the portrayal of Ms. Scruggs did not reflect reality. “It is so exceedingly rare,” she said. “And yet this male-dominated world of Hollywood needs to cast female reporters as subject to the whims of nature.”“I think Clint Eastwood is showing his age, frankly,” she added of the 89-year-old director.Critics have noted that a film focused on a low point for law enforcement and the press was directed by a prominent conservative at a time when President Trump has vilified the F.B.I. as an arm of the so-called deep state and has repeatedly called the news media “the enemy of the people.”In the Vanity Fair article, Ms. Brenner wrote that an unnamed staff member at The Journal-Constitution referred to Ms. Scruggs as a “police groupie.” But the article did not report that she had used sex to learn that Mr. Jewell was a suspect or had a sexual relationship with any F.B.I. agent on the case.Ms. Scruggs shared a byline for the July 1996 article naming Mr. Jewell as a suspect with Ron Martz. In an interview, Mr. Martz, who spent 26 years at the paper before leaving in 2007, said that he had not been contacted by anybody working on the film and that its portrayal of his colleague was false. “She could be flirtatious, but she wouldn’t have done that sort of thing, because she was very conscious of her role as a reporter and she wanted to be known as a top-notch reporter,” he said.He added, “That sort of portrayal of her, it’s an insult not only to her, but to just about any other woman who’s been a reporter.”At an awards-campaign talk in Los Angeles last month, the film’s screenwriter, Mr. Ray, said he had spoken with people involved in the case. “I will stand behind every word of the script,” he added.Ms. Wilde defended the role in a thread she posted on Twitter on Thursday in which she expressed support for journalists and said that, in her understanding of the role, Ms. Scruggs and the F.B.I. agent ���were in a pre-existing romantic relationship, not a transactional exchange of sex for information.” While the movie shows the pair having an earlier acquaintance, there is no indication that their relationship was romantic.Mr. Alexander and Mr. Salwen, the authors of the book that served as source material, met with Mr. Eastwood over the summer. “We realized we had the same motivation,” Mr. Salwen said. “This is the story of a man who should have a statue for the lives he saved, but, instead, this unsung hero is misunderstood.”The book refers to Ms. Scruggs’s “reputation” for sleeping with sources but reports that she got the tip about Mr. Jewell from someone in the Atlanta police department before having it confirmed by the F.B.I. agent. In a statement, the authors said: “We have been asked repeatedly whether we found evidence that Scruggs traded sex for the story. We did not.” They declined to discuss their input on the bar scene.After the screening held for Journal-Constitution staff members on Wednesday, Ken Foskett, an investigations editor at the paper, interrogated the authors of “The Suspect” in a question-and-answer session. The film is fair in its treatment of Mr. Jewell, Mr. Foskett said, but not Ms. Scruggs. “Why are the liberties taken with her?” he asked. “That’s my question. And why is that defensible?”“I will leave that to Warner Bros.,” Mr. Salwen said.The discussion also went into the question of whether the newspaper had been right, in the weeks after the bombing, to report that Mr. Jewell was the leading suspect and to describe him as someone who “fits the profile of the lone bomber.” (A libel lawsuit filed against the newspaper was dismissed in 2007.)“I think it’s worth addressing the broader criticism, regardless of what the movie got right or wrong,” Meris Lutz, a reporter at the paper, said. Of the bar scene, she added: “It felt so unnecessary. If they had cut that, I don’t think it would have affected the movie at all.”Brooks Barnes contributed reporting from Los Angeles. Read the full article

[promarketo-blog]

CMA USA 2020 Exam Changes – an overview by Hieducare

The fields of finance and accounting are thriving in the current scenario. Be it insurance and real estate business or medical and health service sectors; the need to have an individual with broad nature of required skills and experience is ever-growing. This is where the CMA (Certified Management Accountant) comes into play.

A number of you might not be familiar with this particular field and related information. It would be beneficial for us to have a brief introduction of CMA before indulging ourselves into more in-depth information regarding the same.

Introduction to CMA USA

CMA is a certification in the fields of financial accounting and strategic management. Unlike others, it is a globally-recognized certificate that has a particular emphasis on corporate finance and managerial accounting. It is offered by Management Accountants (IMA).

However, awards are given out by another division that goes by the name of the Institute of Certified Management Accountants (ICMA). It is a division within IMA. New Jersey is the headquarters for IMA, and currently, it is available in a total of 140 countries throughout the world.

With such high expectations and skills, it is understood that one cannot become a certified CMA just out will. The CMA exam is precisely for this purpose. Initially, CMA was introduced by ICMA to assess a candidate’s knowledge and skills required for the role of management accounting. However, over the past few years, the functions of CMAs have changed; hence, it is only fair to have changes integrated into the exam as well.

One of the significant changes that one can see in CMA roles is regarding the reliance on software and technology that especially involves tasks regarding number-crushing. The testing agency is more focused in the direction of analyzing abilities and reporting on the said numbers.

In a nutshell, more centralization is given to strategic analysis and advising. Hence, changes made in the exam would reflect upon the above parameters.

The exam is conducted in two parts- Part 1 and Part 2. These parts would be affected by the changes that are said to be implemented from 2020 onwards. Let’s move on and discuss the differences in Part 1 and Part 2.

CMA USA 2020 Changes in Part 1 and Part 2

There have been changes in both the parts of the CMA exam. Let’s see them one by one.

CMA Exam Part 1 Changes

Beginning from 2020, Part 1 of the examination now includes a new section which is Domain F: Technology and Analytics. This section is said to constitute a total of 15% in the exam and would simultaneously undertake 52 Learning Outcome Statements (LOS).

For this change to be a part of this exam, the other already existing topics would be reduced in size. In this case; Domain B: Planning, Budgeting, and Forecasting would be cut down to 20% from 30%. Also, Domain D: Cost Management reduced to a total of 15% from 20% in the total coverage of the exam.

As mentioned earlier and with these changes; it can be understood that ICMA is placing more emphasis on the analytical skills in the CMA job profile. Also, mental functionalities like decision making and data reporting would be considered defining characteristics for the same. If close attention is paid to the changes; Internal Auditing would be scrapped away from Part1. Though the understanding of internal controls is quite essential; ICMA has clearly shown that the candidate should be indulged more in the management of controls.

Part 1 of the CMA exam will now be regarded as Financial Planning, Performance, and Analytics and is divided into the following six domains:

Cost Management – 15%

Internal Controls – 15%

Technology and Analytics – 15%

External Financial Reporting Decisions – 15%

Planning, Budgeting, and Forecasting – 20%

Performance Management – 20%

CMA Exam Part 2 Changes

Just like Part 1, Part 2 of the examination sees some new topics to be added and some others that would be scrapped away.

The Domain F: Professional Ethics now sees an increase in the total coverage of Paper 2 since newer topics are added. This domain is now strategically designed to assess the candidate’s on Learning Outcome Statements. These would involve psychological phenomenon such as groupthink, thought diversity, ethical leadership, and others.

These additions increase the coverage of Domain F by 5%; making it a total of 15%. Even though Domain C: Decision Analysis would not include any new Learning Outcome Statements, it is said to see an increase of 5%. This change would make its total coverage to a hefty 25%.

Of course, to add content; some content has to be removed. The significant reduction is towards Domain A: Financial Statement Analysis. It will no longer test the on off-balance-sheet financing, and its share in the examination has been reduced to 20%.

Also, from Domain B: Corporate Finance has suffered a loss in terms of numerous topics being taken down. This includes bankruptcy, tax implications of transfer pricing, and a few others. No such changes were made to Domain D or E., But Domain D has now been reduced 10% coverage in place of 15%.

Part 2 of the CMA Examination would now be regarded as Strategic Financial Management and would now include the following six domains:

Risk Management – 10%

Investment Decisions – 10%

Professional Ethics – 15%

Financial Statement Analysis – 20%

Corporate finance – 20%

Decision Analysis – 25%

New Structure of Preparation for CMA USA 2020

In case you have already started preparing for the CMA USA exam; I would suggest you pass the exam before the changes are implemented on 1st January 2020. Candidates can go online and have a look at the CMA exam dates.

Though the changes might look small, they are quite significant and would require special attention from the candidate. It would waste a lot of your time in case you study topics that would eventually be scrapped away from the exam. Better to test your knowledge on the information acquired so far and try learning new issues are being implemented from next year.

Though candidates might feel stressed due to these changes; but a piece of good news is coming their way. You have quite a considerable amount of time to study for the exam and have your CMA USA certification by the end of 2019.

Also, the CMA Exam Academy’s comprehensive study plan proves to be quite helpful in the final testing window that takes place on 1st September through 31st October. This is done to help aspirants pass the CMA exam in a stipulated period of 6 months.

So to say, with a comprehensive study schedule and one-on-one coaching classes; you are sure to clear this examination.

CMA USA 2020 FAQ’S

With ICMA gearing up for changes in the upcoming years, the readers might have few questions to ask. Have a look below to see if your query can be resolved here.

1) When is the last testing window available to take the current exam content?

For English Language Exam: September/ October 2019.

For Chinese Language Exam: 9th November 2019

2) When will be the updated exam be implemented?

 For English Language Exam: 1st January 2020

For Chinese Language Exam: April 2020 (Date yet to be decided)

3) Where can One find more information and content related to the revised portions?

The revised Content Specification Outlines for CMA and relevant Learning Outcome Statements are available. You can have a look at these links.

4) When is it possible to purchase the exam registration of CMA 2020?

For English Language Exam; registration starts after 16th February 2020 so candidates can purchase them after that.

For Chinese Language Exam; registration begins after 11th November 2019 so candidates can purchase them after that.

5) Is there a specific schedule for offering these exams?

Yes, in case the candidate wants to go for the English language exam, both Parts 1 and 2 will be given during the following testing window periods only:

January and February

May and June

September and October

For the Chinese language exam, both Parts 1 and 2 will be offered in April, July, and  November only.

For further queries, you can go online and search for them

[poolenick-blog]

I am no stranger to visa applications. Plus, I perfectly know the struggle when applying for a visa especially since I am born in a third world country with only a third world passport — naturally, processes and interviews would always be especially rigorous for us.

But in spite of all the horror stories that you may have heard, seen, or read, getting a visa is still and absolutely achievable! Take it from me!

TIP: Make sure your passport is not expiring anytime soon. In addition, submit all the documents in an organized way. It helps to provide a checklist too in order to give the embassy a quick overview that you have prepared everything that’s needed (though at times this is one of the basic requirements).

 Don’t even try submitting fake or ‘doctored’ documents. There’s a high chance that you will not only get denied, but you will also be banned.

 It can be through travel tickets/bookings or your passport stamps. Even if it’s not one of the requirements, it helps to show them this to send them a message that you have traveled before, that you always came back, and that you have never overstayed abroad.

INTERVIEWS: Your interview can affect the documents you are submitting; but surely, if you are submitting genuine papers, then there’s no need for you to be nervous about this because the questions are always basic: what is your purpose for visiting, how long do you intend to stay, etc. (Though depending on your answers, the visa officer can be more thorough).

At best: remember to be honest and precise when applying for a visa. Simply answer what they ask for. DON’T launch into a full-blown storytelling spree. It’s not necessary for you to give out information when it’s not asked for! (Besides, the officers unfortunately wouldn’t care about your story, no matter how sad or tragic it might be.)

Additionally, wear something presentable (no need to be too formal), arrive early, be confident, and speak in English (or if you’re more comfortable in speaking your country’s language, then feel free to do so — unless the embassy doesn’t allow it).

travel insurance, I would highly recommend World Nomads since they offer the best price and coverage (they cover all countries worldwide too!).

: If you’re applying for a tourist visa then this shouldn’t be a problem; after all, you really wouldn’t have any other rationale for visiting a country abroad other than for… well, tourism. Supply them the itinerary that you want to do, the places that you want to see, and the experiences that you want to achieve and you should be fine.

The same applies for work, study, fiancé, or marriage visas because those are already self explanatory — to work because you are being sent there by your company, to study because you want to develop your knowledge and the university at that country is known for their outstanding program, etc. etc.

If, however, you’re applying for a visa to visit a friend or family, embassies commonly need a compelling argument to justify your plans of visiting. The first application isn’t typically a problem because seeing a friend or family member for the first time should somehow already be a reasonable purpose; but for the next visits, you or your host must have a stronger cause as to why you want to come back. Such may hold true too if you are planning to apply for 2nd tourist visa to the same country and so on.

Nevertheless, again, this is where dissimilarities can happen: some people can easily get a visa after the first time, but some people cannot. It’salways a case to case basis.

You might be thinking now, “What are examples of strong reasons?” I think it all boils down to having significant or sensible events. For tourism, let’s say you’ve been to Belgium before but currently, you want to come back because you want to see Tomorrowland; provide them the tickets for that and your motivation for wanting to see them (it happens only once a year anyway). Or maybe you have a blog and you want to experience and promote the country even more, blah blah blah. Or you want to take a gap year before you start working on your career. As for friends or family visits, if there’s a birthday, wedding, or reunion, make sure your or your host mentions that too.

» At the same time, don’t forget to prove the relationship you have with your host.

Ultimately, just make sure you have a decent motive or just be true to what your intention is — most of the time, your situation (no matter how simple or complicated it might be) would already be enough of a reason.

TIP: When applying for a visa, don’t ever indirectly imply that you have plans of staying longer because that will go against the 4th section below. If you’re going on a student visa, don’t mention plans of working in their country after finishing your degree; you have to express your desire to come back to your own country.

Or if you’re going on a tourist visa, don’t carelessly mention that their country has a very good education system that you find fascinating, because that might incidentally hint something to the embassy officer that you might want to study there — this is a bit of an exaggeration, but you get what I’m saying. …Then again, I’m pretty sure you won’t say such things if you follow the tips I’ve mentioned in the 1st section: which is to be ‘on point’ about your answers. Say nothing more, nothing less!

Every embassy wants you to convince them that you have enough money to support yourself because if you don’t, they would be very skeptical about how you will be funding your stay and they will also doubt your purpose for visiting their country.

As a general rule, here are ways for you to prove your solvency…

it becomes tricky, because though you have your own business, they need to know that it’s something stable and that you have enough cash. So other than the 1st three bullets below, it helps to provide:

Copy of Official Business Registration/ Business Permit

Tax paying certificate and/or tax statements

Bank Statement or Book of the company and Financial Reports for the last 3 months

Copies of personal credit cards, bank certificates, or bank statements in the last 3 months

depending if your sponsors are your parents or your school, or even both:

Sponsorship letter from parents or legar guardian, with attached documents showing their solvency (as employed, self-employed, unemployed, or retiree persons)

Certification from the institution/school providing you the grant; this document must specify the amount, term, and expenses that the scholarship includes

NOTE: The requirements for employed and self-employed persons are as applicable to freelancers too; depending on your situation, you might have to provide not only your proof of employment but even the registry of your ‘business’.

Also, Please DON’T rely on this list alone; double check with your embassy as there might be some items that they would specifically want from you and which I have failed to mention here.

TIP: For most of my visa applications, I usually have a sponsor in spite of the fact that I can already support myself — I still like to include them in my applications since it adds more strength. It truly helps a lot, especially when I quit my job and started working freelance. Usually my sponsors are friends or relatives, but it’s usually just on paper; it doesn’t mean that I absolutely require them to fund my travels. Of course, in line with this, you would need to provide enough proof to show your relationship with these sponsors and why they are sponsoring you — and that of course you ACTUALLY have the funds to cover your trip since the immigration officers can check on this before your actual entry into their country (they have the right to ask for proof of cash on hand, credit card, bank statement, etc.)

By the way, this is another area that you can overdeliver on; feel free to provide as many documents as you can!

“But what is the minimum amount of money do I need to show in my bank account?���

This is something I can’t really answer because every country would have its own minimum requirement depending as well on the time period that you are going to stay; therefore, I suggest that you call the embassy or check their website for any corresponding info about this.

But in my experience with Schengen Visas for example, most of the member countries would need you to show that you have EUR 50 (Php 2,500+) per day of your stay. This is the bare minimum, that’s why I suggest that you add way more money to it.

Money Saving Tips to Start & Live a Life of Travel

Meanwhile, as an additional way of showing that you can ‘support’ yourself, they would surely need documents that shows  you have a hotel booked. To obtain these documents you can (1) reserve with a hotel online or (2) make a ‘dummy booking’ which can usually be done online [like Booking.com and Agoda], or through a travel agency.

Booking.com (function(d, sc, u) { var s = d.createElement(sc), p = d.getElementsByTagName(sc)[0]; s.type = 'text/javascript'; s.async = true; s.src = u + '?v=' + (+new Date()); p.parentNode.insertBefore(s,p); })(document, 'script', '//aff.bstatic.com/static/affiliate_base/js/flexiproduct.js');

If however, you are going to stay over at a friend, partner or family’s house, the embassy would need details of your ‘host’ like their ID cards, residence documents, proof of your relationship to them — all of which are easy to prepare.

In my opinion, this is where embassies put most emphasis on — they really need you to be bounded to your home country, and that you have strong ties that will compel you to come back at the end of your stay. They definitely don’t want you aiming for ways to stay longer (illegally) nor aiming for ways to become an immigrant without going through the necessary procedures at your home country.

What are examples of ‘strong ties’? They vary from country to country: they will consider your circumstances, travel plans, financial resources, and ties that will ensure your departure after the period of visit. Thus, other than the evidences already mentioned in the above sections, make sure that you’ve issued…

Mention an affair that would necessitate your return (it can be a board meeting, company event, etc.)

Business registration

Proof of possession of real and personal property (real estate, etc.)

A letter from you, stating any other reasons why you won’t overstay

School enrollment certificate

Approved leave of absence

A letter from you and your parents or legal guardian(s), stating reasons why you won’t overstay (explanation of family situation, your long-term plans in your residence country, etc.)

NOTE: These are NOT absolute, chances are, one proof would already be enough; yet as usual, it helps to overdeliver on evidences. You can always ask the embassy for any other kinds of documents they might want from you to prove your situation.

I understand that some procedures when applying for a visa would require a round trip ticket to be booked and presented — this would already be a proof that you won’t overstay, but I advise that you provide more evidences still since tickets are the most basic affirmation. (Though of course, most embassies nowadays do NOT require you to have round-trip tickets to be booked and presented before/during the application. If you really need to present tickets, it should be enough to show a flight reservation or itinerary).

In case you’re wondering where to look for the best flight deals, my go-to platforms are Momondo, Kayak, and Skyscanner.

TIP: Your passport stamps help in justifying that you are not someone who overstays abroad.

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Overall

I dearly hope that these tips will help you! I wish you all the best of luck!

FINAL NOTE: Even with these pointers, remember to always check with your embassy first. Please also direct any clarifications and follow-ups to your applications to their office, and NOT to me; this is in consideration of the fact that they would always know more about your situation than me. Again: this article is merely a helpful guide for you.

How about you?

Do you have any other tips to share? Or things that I forgot to mention and should include when applying for a visa?

Have you ever been in a difficult situation while applying for a visa? What happened and how did you get over it?

Did you like this article? Follow me on Facebook, Twitter, Instagram, or YouTube and be notified about my newest posts and updates!

The post Applying for a Visa? Here Are 4 Important Tips to Get You Approved! appeared first on I am Aileen.

[toldnews-blog]

New Post has been published on https://toldnews.com/technology/julia-angwin-is-out-as-editor-of-new-tech-watchdog-site-the-markup/

Julia Angwin Is Out as Editor of New Tech Watchdog Site The Markup

For the last year, the investigative journalist Julia Angwin has been busy building The Markup, a nonprofit news site dedicated to scrutinizing technology and its effects on society.

The Markup raised more than $23 million in funding, a testament to the reputation that Ms. Angwin, the site’s editor in chief, and another of its founders, Jeff Larson, had established through their work at ProPublica, which they left last year. But on Monday evening, Ms. Angwin was fired from The Markup via email, just months before the site’s planned July start date. On Tuesday, five of the site’s seven editorial staff members resigned, citing her dismissal as the reason.

Ms. Angwin said in a letter to Craig Newmark, the Craigslist founder and the site’s biggest donor, that she was being pushed out by Sue Gardner, The Markup’s third founder, who is also its executive director and was the head of the Wikimedia Foundation until 2014.

Ms. Gardner wanted to change the site’s mission to “one based on advocacy against the tech companies” instead of “producing meaningful data-centered journalism about the impact of technology on society,” Ms. Angwin wrote in the letter, which was obtained by The New York Times.

Ms. Gardner disputed that characterization.

“There is no change in the mission or purpose of The Markup,” she said in response to questions from The Times. “We are, pure and simple, a news outlet. We always have been and always will be. Our goals and purpose haven’t changed.”

Ms. Gardner said Tuesday afternoon that the site had issues with Ms. Angwin involving “leadership, management and willingness to accept feedback and training to grow as an editor in chief.”

Mr. Larson, who will succeed Ms. Angwin, added that The Markup had hoped to have almost 24 reporters in place and begin publishing by early 2019. He said it wanted to see more progress in areas like recruitment, a process that would allow journalists to pitch story ideas to the site and the amount of publishable work ready to go on the site when it went live.

Asked to respond to the criticism from Ms. Gardner and Mr. Larson, Ms. Angwin pointed to the exodus of the editorial staff after her dismissal. “I feel like the support of the newsroom for my leadership is all the testimony that anyone could ever ask for as a leader,” she said.

Ms. Angwin’s credentials and vision for the site helped attract interest from journalists, other media outlets and donors, including a $20 million gift from Mr. Newmark.

“I’m devastated to be forced out of the organization I conceived to pursue rigorous, evidence-based tech accountability journalism,” Ms. Angwin said in an emailed statement. “I will continue to pursue that mission and hope to find other ways to help build this field.”

While Ms. Angwin was at ProPublica, the site became known as “big tech’s scariest watchdog.” Before joining ProPublica, she worked at The Wall Street Journal, where she led a privacy investigative team and was also part of a group that won a Pulitzer Prize for coverage of corporate scandals. She has also written two books, one of which was about privacy.

At ProPublica, Ms. Angwin’s team demonstrated how Facebook’s ad tools could be used to illegally discriminate against people of certain races, investigated racial bias in criminal sentencing software and examined how African-Americans were overcharged for car insurance. Mr. Larson was generally her partner on investigations, she said on a podcast last fall, where “he’s sort of the programmer, I’m the journalist, although I think we’re both a little of both.”

The circumstances surrounding Ms. Angwin’s departure remain a point of contention. Ms. Gardner said the site had started talking with Ms. Angwin in December about creating a new role for her that was not of editor in chief, but that would allow her to “remain the public face of the institution.” She added that Ms. Angwin was not open to other jobs at The Markup.

Mr. Larson said, “The Markup attempted to meet with Ms. Angwin in person, and discussions about her role had been ongoing for some time.” He added, “This was not abrupt.”

Ms. Angwin said she had never been offered other roles or discussed other jobs within the roughly 15-person organization.

The seven members of the editorial staff sent the management and Mr. Newmark a letter supporting Ms. Angwin on Monday, saying, “We joined on to The Markup because we believe in Julia Angwin’s work.” The letter was posted on Twitter from an account named “The Real Team Markup” on Tuesday.

Five journalists said on Twitter that they had resigned after Ms. Angwin’s departure. Mr. Larson said the company had accelerated recruitment and had “multiple other hires in motion,” and hoped that the launch would not be delayed.

Mr. Newmark did not respond to requests for comment. A journalist for The Guardian said on Twitter that Mr. Newmark had responded, “I can’t ethically comment right now” when she asked him about The Markup at an event on Tuesday.

In her letter to Mr. Newmark, which sought his intervention, Ms. Angwin said Ms. Gardner wanted The Markup to be a “cause” rather than a “publication.”

She also said Ms. Gardner had ranked reporters in job interviews according to how negative they were regarding tech companies, viewing that as a favorable trait, and had urged Ms. Angwin to run headlines on future stories like “Facebook is a dumpster fire.” Ms. Angwin said her objections had led Ms. Gardner to seek her removal as editor in chief.

Ms. Gardner said in an email that although she regularly asked candidates for their perspectives about technology, in part to gauge how informed they were, “the assertion that more negative takes were ‘good’ or ‘bad’ is untrue.” She also said she had not urged headlines like the one Ms. Angwin cited.

“Internally at The Markup we’ve had many conversations about tone and style, which have included kicking around questions about whether we would ever use colloquial language like ‘dumpster fire,’” Ms. Gardner said. “This was a hypothetical raised as a question, not an imperative.”

On March 29, according to Ms. Angwin’s letter, Ms. Gardner asked Ms. Angwin to step down to become a columnist and write opinion articles. She declined, citing her responsibility to pursue the vision she shared with donors and the employees she had hired.

“Julia Angwin is a groundbreaking investigative journalist with a powerful vision and the highest ethics and integrity,” Jesse Eisinger, senior reporter and editor at ProPublica, said in an email, noting that he and Ms. Angwin were friends. “Sue Gardner has little to no investigative experience. To fire Angwin is to sign The Markup’s death warrant.”

Ms. Angwin said in her letter that while Ms. Gardner had promised her an employment contract with job protections for her position as editor in chief, Ms. Gardner had never signed such a contract. The company does not yet have a formal governing board that would be required to weigh in on major management changes.

Mr. Larson was the site’s managing editor and had previously worked at The Nation. He is a data journalist who has won a Livingston Award and was on a team that won a Peabody Award. It was a message from Mr. Larson sent on Monday night that officially told staffers the news about Ms. Angwin. It began: “Hey all. I am writing to tell you that Julia Angwin is no longer with The Markup.”

[frugalbackpacker-blog]

Red Cross Social Media Audit Report

Abstract

This report gives an outline of the research conducted on Red Cross’ social media and the findings this research produced.  Findings show that all platforms used by the Red Cross, such as Facebook, Instagram, and Twitter, reach a wide range of ages diverse in gender. However, their targeted audience is those who are willing and able to donate. All platforms have a reasonably large following and consistently share posts with their followers on a regular basis. It has been found that these posts are meant to educate their followers on the disasters that are happening globally to boost donations from them. Despite this, it has been identified that there is little engagement on each of their posts. Moreover, the report shows that there is an inconsistency of the brand for each platform. Lastly, the following research concludes with suggestions on how to maximize audience engagement and how to properly use and keep consistency throughout each platform and its posts.

Introduction

The following research report will analyze the Canadian Red Cross’ social media use. The key focuses of this report will cover strengths and weaknesses as per the Red Cross’ main audience and how they can improve their online presence.

Methodology

The methodology used to conduct this report is secondary research consisting of gathering and analyzing information from Red Cross’ proprietary social media platforms. This includes the analysis of both qualitative and quantitative aspects that range from the content itself to engagement statistics. The findings are categorized into sections that review each platform individually.

Results

The results found in the following report revolve around key strengths and weakness of each social media platform. Firstly, Red Cross’ viewers are in good economic status for donations. Corporate support and news coverage of disasters is demonstrated quite well on Facebook, Instagram, and Twitter. However, it has been found that there is little engagement on each of their posts, often just reaching 1%. It can be deduced that this may result in a lack of donations as well. This can be rooted from inconsistency in branding, and the ineffective use of each platform. For example, including both French and English captions on Instagram posts.

Target Audience

The key demographic audience for Red Cross Canada throughout all platforms including Twitter, Facebook, and Instagram are those between a wide range of ages (see images below). What is important to note is that users of all three accounts have a good economic status. This means that they are targeting people who have enough income to make donations to those in need. Furthermore, most users on all platforms come from Canada but Facebook also shows that a minor amount are from the areas that it operates in such as Bangladesh, Nepal, and Uganda.

Discussion

Strengths

Twitter A key strength of the Red Cross’ Twitter is its use for news-related content. Research by Moon and Hadley suggests that Twitter is frequently referred to as a news source and is used for communications that involve spreading information (2014). Twitter is able to gain engagement with concise and focused messages as well as with videos. Further, a proprietary study showed that the “majority of Canadians expect emergency responders to monitor social media and expect timely information online in times of an emergency” (Cuthbertson, 2013). Red Cross delivers on this expectation as they provide real-time information that can be given to anyone with access to the internet, leading to the following strengths:

Increased awareness of disasters;

More efficient and effective relief efforts based on communication;

Influenced donations (people are typically more willing to donate to a cause they are affected by, or that have high awareness).

Facebook The Red Cross’ Facebook is well-organized for longer and detailed posts. These posts focus on educational style statuses, pictures, and videos that often feature Canadians from coast to coast. These styles of posts include themes such as flood checklists and company support statements. One company support statement is Walmart, which is highlighted in a post to show commitment to donations (see image to the right).

It can be noted that the Facebook page also deploys several tactics to boost user engagement effectively including asking questions with an easy choice of answers.

Instagram Red Cross’ Instagram follows a similar strategy to its Facebook with similar content including images and videos overlapping, creating a credible and homogenous brand identity. The Red Cross Canada Instagram has call to action buttons prompting users to call the organization. The page also displays story collections which are categorized based on cause.

Weaknesses

Twitter On average, Red Cross tweets up to 6 times a day. The Red Cross Canada Twitter account has a sizable follower base of 155,000, however, a Twitter post receives poor 0.04% engagement (Mee, n.d.). When analyzing the content provided by Red Cross, it should be noted that their Twitter videos come off as more playful than serious, and these disasters should be put in a more serious context as they are serious matters.

Facebook The Red Cross Canada Facebook account has a sizable follower base of 133,000, however, only receives around 0.31% engagement per post. Another weakness for the Red Cross is a considerable lack of consistency as varied messages may confuse the audience and hinder their credibility.

Instagram Currently, the Red Cross’ captions are quite lengthy and often include French translations. This is hindering the effectiveness of their posts as Instagram users will choose their language to view the application in, making the bilingual captions redundant and lengthy. Moreover, only 1.54% of the follower base is interacting with the content posted on the account, demonstrating a clear lack of follower engagement.

Suggestions for Improvement

A summary of recommendations is provided in the list below:

Adjusting the style of Twitter videos by using sound from disasters.

Shortening Instagram captions by providing links to consume longer content, such as Facebook or the Red Cross website (Grace, 2019). 

Keep Instagram captions to one language, as users who want to view the content in another language will have their settings adjusted.

Ensure a verified badge is on each platform to emphasize credibility.

Conclusion

To conclude, this research report found that each of Red Cross’ social media platforms have a substantial following with a target audience of those who can and want to donate to the causes. It is evident that all posts on each platform including, Facebook, Twitter, and Instagram have successfully increased awareness on the disasters that are occurring. However, research shows some weaknesses including a lack of engagement throughout platforms, and a lack of consistency in their brand and name. Furthermore, the presentation of serious matters as playful rather than reflective is also hindering follower interaction. However, suggestions of activities like polls, questions, and surveys, as well as using lots of hashtags and content from the survivors and people of the disaster can benefit the organization in terms of maximizing the audience engagement.  To conclude, building trust with target audiences through a verification badge on each platform, using influencer marketing by tagging their volunteers in their videos, and creating urgency by changing out the music in their videos will all benefit Red Cross as a brand on social media.

References

Carter, Grace. (2019). How to Write Instagram Captions That Skyrocket Engagement and Conversions. Social Bakers. Retrieved from https://www.socialbakers.com/blog/how-to-write-instagram-captions.

Cuthbertson, J. (2013, March). Canadian Red Cross goes social for Social Media Week #smwtoredcross - Canadian Red Cross Blog. Retrieved from https://www.redcross.ca/blog/2013/9/canadian-red-cross-goes-social-for-social-media-we

Red Cross Canada. (2019). Helping The Most Vulnerable - Canadian Red Cross. Red Cross Canada. Retrieved from www.redcross.ca/.

Mee, Georgia. (n.d.). What is a Good Engagement Rate on Instagram? Scrunch. Retrieved from https://blog.scrunch.com/what-is-a-good-engagement-rate-on-instagram.

Moon, S. J., & Hadley, P. (2014). Routinizing a new technology in the newsroom: Twitter as a news source in mainstream media. Journal of Broadcasting & Electronic Media, 58(2), 289-305.

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Ask Me Anything: 10 Answers to Your Questions About Arthur Pratt Bend Certified Public Accountant

Just like your physician, your Certified Public Accountant knows a lot regarding your personal circumstance. Continuity of service is likewise an important aspect. That's why, for lots of individuals, picking a CPA is the best choice.

A CPA's job involves working to ensure that entities as well as individuals are keeping great documents and also paying http://damienzzsl595.bravesites.com/tags/entries/arthur-pratt-cpa-bend the proper tax obligations on schedule.

Generally, a CPA executes essential features to entities, organizations, as well to all kinds of people. They use a really broad variety of company as well as audit solutions. There are 4 major areas of bookkeeping. These are called public, managerial, governmental, and internal bookkeeping.

Still other Certified public accountants might pick to concentrate on bookkeeping monetary declarations to educate financiers and authorities that declarations have actually been appropriately prepared and also reported. CPAs usually have their very own businesses or help public bookkeeping companies.

“Supervisory" CPAs operates in a business. These CPAs are additionally called a cost, management, industrial, company, or exclusive accountants. Certified Public Accountant managerial accounting professionals record and also examine the economic information of the companies for which they work. This task description includes a thorough listing of obligations - such as budgeting, performance examination, price management, and property monitoring.

A "governmental" Certified Public Accountant operates in the public sector. They keep and also check out the documents of government firms. They investigate private services and people whose tasks undergo federal government regulation and/or taxes. This job description, while outlined, is much more specialized. Governmental Certified public accountants are utilized by Federal, State, or local governments. They function to assure that profits are received and expenditures are made based on regulations and also guidelines.

They safeguard versus fraud and also waste. They also review company procedures by reviewing their efficiency, effectiveness, and also compliance with business plans as well as procedures, laws, as well as federal government policies. This inner auditor job summary can vary with different business. They might include work obligations such as digital information processing or engineering. They might execute ecological, legal, insurance, financial, as well as healthcare bookkeeping.

Any sort of organization requires a Certified Public Accountant that will certainly be in charge of keeping documents as well as likewise monitoring its earnings and also assets over an amount of time. A CPA requires to understand how businesses work in order to have a full understanding on just how you can do your job well.

The fantastic feature of a Certified Public Accountant occupation is that it will enhance your expertise on exactly how services work. Bookkeeping is essentially the language of service. You should think about that audit is kind of like a continuing education.

Certified public accountants are liable to federal government firms for their values and also business techniques, which ensures that you, the customer, are protected from deceptive task by CPAs. This gives you safety and security in knowing that your audit remains in great hands.

A Certified Public Accountant must undergo continuing education and learning as bookkeeping as well as tax regulations transform from year to year. For that reason, just a CPA can guarantee that your tax return is entirely precise, which is essential to the IRS. Due to the fact that a CPA has intimate knowledge of tax laws and offered exceptions, a Certified Public Accountant can make certain you get the biggest refund feasible.

In case you are selected for audit by the IRS, your best choice to find via the audit easily is to have a Certified Public Accountant on your side. A CPA is as acquainted with tax obligation law as the Internal Revenue Service representative carrying out the audit. Because of this, the Certified Public Accountant can discuss a reduced charge, assist you prevent fines, and also aid you claim the reductions you are worthy of.

If you are not exactly sure whether you may have an easy tax return that you may be able to do on your own, consider this idea. You might be missing out on substantial tax advantages. Or maybe you are worried that you may be making mistakes in your work. You might need to choose whether you must employ a certified public accountant.

A Certified Public Accountant's task entails working to guarantee that entities as well as individuals are keeping good records as well as paying the correct tax obligations in a timely manner.

Generally, a CPA performs important functions to entities, companies, as well to all kinds of individuals. They supply a very wide range of organization and also accountancy services. There are four major areas of bookkeeping. These are called public, supervisory, governmental, as well as internal bookkeeping.

Still other CPAs may choose to specialize in auditing economic declarations to notify investors and authorities that statements have actually been properly prepared as well as reported. Certified public accountants typically possess their very own services or benefit public accountancy firms.

Supervisory CPAs are commonly a part of exec groups associated with calculated planning and the growth of brand-new items. They evaluate and analyze financial info that business executives need in order to make sound service decisions. They likewise prepare economic reports for other teams, including investors, financial institutions, regulatory agencies, and the straining authorities.

A "governmental" CPA operates in the general public sector. They keep as well as check out the records of government companies. They investigate private services and people whose tasks go through federal government regulation and/or tax. This task summary, while outlined, is far more specialized. Governmental Certified public accountants are utilized by Federal, State, or city governments. They function to ensure that incomes are gotten as well as expenses are made according to legislations as well as policies.

They protect versus fraud as well as waste. They additionally examine company operations by evaluating their performance, effectiveness, and compliance with company policies and also procedures, regulations, as well as federal government laws. This interior auditor task description can vary with different business. They might consist of job duties such as electronic information processing or design. They may perform environmental, lawful, insurance coverage, financial, and also health care bookkeeping.

Their job description might include strong social and communication skills because of the fact that most Certified public accountants work on teams. They need the capability to interact accountancy and monetary details plainly and briefly.

The terrific feature of a Certified Public Accountant career is that it will enhance your knowledge on exactly how companies function. Audit is primarily the language of company. You ought to consider that accounting is sort of like a continuing education and learning.

CPA can additionally function as teachers or as researchers in universities. If you have a propensity for teaching, then this occupation path is for you. This career course in accountancy can additionally provide you with wonderful possibilities.

A Certified Public Accountant must undergo proceeding education and learning as accountancy and tax regulations transform from year to year. Consequently, only a Certified Public Accountant can make sure that your income tax return is completely exact, which is necessary to the IRS. Since a CPA has intimate expertise of tax obligation legislations and readily available exceptions, a Certified Public Accountant can ensure you get the largest refund feasible.

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[healthcollectionz-blog]

The Five Levels of Medicare Appeals Explained

There are five ways to argue about your case for a Medicare appeal process. Most of the time, going through only one step will settle in your favor, so don't get scared by the many steps we're detailing in this article. However, only if you don't win the first time, you always have the opportunity to rely on the other appeal steps.

The appeal levels depend upon what decision you want to challenge. There are the standard Medicare plan, the Advantage plan, and a Part D drug plan. The following list will show you who presides over each of the levels and what are the different review panels for each coverage:

Appeal Level 1: For the Traditional Medicare plan, the Medicare Administrative Contractor will review your case; For the Medicare Advantage plan, your MA plan will review your case; For Part D, your case will be reviewed by your Part D plan.

Appeal Level 2: For the Traditional Medicare plan, a Qualified Independent Contractor will review your case; for the MA and Part D plans, and Independent Review Entity will review your case.

Appeal Level 3: For all Medicare plans, an Administrative law judge will be reviewing your case.

Appeal Level 4: For all Medicare plans, the Medicare Appeals Council will be reviewing your case.

Appeal Level 5: For all Medicare plans, the Federal court will be reviewing your case.

For each of the above cases, if receiving a denial, you will also get a letter containing explained details for steps to get your case through the next levels.

Appeal Level 1: Redetermination by Medicare or your plan

The first level of appeal is the Redetermination, and this allows you to disagree on a denial of coverage, or, of a request on an initial coverage determination if you are against it. You want the Medicare contractor or your plan to reconsider its decision.

Depending on the program or plan you're challenging, you or someone acting on your behalf should initiate the appeal in a timely time frame of the denial determination, as follows:

- 120 days for the Traditional Medicare plan. - 60 days for the Medicare Advantage or Part D plan. - In special situations, as if being very ill, this time can be increased.

When appealing, make sure you have the proper paperwork done to back you up. Make sure to prepare any medical statements that were not submitted before, but also old reports submitted in the original coverage determination request.

The redetermination decision time depends upon which program or plan you want to challenge, as follows:

- Within 60 days for the Traditional Medicare plan; - For the Medicare Advantage plan: Within 30 days for standard requests, or within 72 hours for expedited requests that need a quick response if your life or health are put to danger by delay. - Part D plan: Within seven days with standard requests, or within 72 hours with expedited requests.

Appeal Level 2: Independent panel reconsideration

At this level, you're skipping over the organizations that didn't decide at all, or who decided against you in your first appeal. Here, an independent panel will investigate your case. The independent panel doesn't have connections with the Medicare contractor or your plan. If you're challenging the traditional Medicare services, a Qualified Independent Contractor (QIC) will review your case. For the Medicare Advantage or Part D drug plans, an Independent Review Entity (IRE) will review it.

This level gives you the opportunity for the reevaluation of the outcome of your level 1 appeal. The Medicare regulations, documents in your case file, and any new statements that you add to your case will be considered by the panel and approached from a different angle.

At this point, you also have the opportunity to ask for copies of any document in your case file. Also, if you want to receive these documents in another language than English, you can ask for the QIC or IRE to send translations in the language you understand.

Appeal Level 3: Administrative law judge

An administrative law judge (ALJ) is a lawyer, neutral to the parties, who must decide after inspecting all of the evidence presented by any individual against a government agency. This level allows you to submit a new requirement that the other lower levels of appeal lack: The amount in dispute, which is your costs of having your appeal denied. The minimum amount in 2015 was $150, and, if your cost is less than this sum, you can't make the Level 3 appeal.

The ALJ hearing request should be made within 60 days since receiving a denial for Level 2. This level needs well-supported documents, so make sure you have all the essential papers prepared. Also, for this level, the surest way to win is to look for professional advice. A professional service can even act on your behalf, taking all the necessary steps; however, it's usually better to be present at the hearing.

If all the needed documents are present and your case is properly presented, most of the time, the judge will decide in the beneficiary’s favor, so considering all that, this should be somehow an easy win. ALJ decisions are given within 90 days; however, in specific cases, this can take longer. If the judge decides against you, you have 60 days to appeal to the Medicare Appeals Council.

Appeal Level 4: Medicare Appeals Council review

The Medicare Appeals Council (MAC) is independent of the other appeal boards, being part of the Departmental Appeals Board of Health & Human Services. If you want to go this further, we strongly recommend getting help from a lawyer with experience in this type of process. The MAC consists of law specific questions that most of the people are not used to, thus being represented by an advocate or lawyer is the best decision.

At this stage, the Medicare Appeals Council decides cases by reviewing all the written evidence. There are no hearings, the disputed sum does not matter, and if it happens for the MAC to rule against you, you can proceed on Level 5 appeal, for a hearing in the Federal court.

MAC mailing address:

Department of Health & Human Services Departmental Appeals Board Medicare Appeals Council, MS 6127 Cohen Building Room G-644 330 Independence Ave., S.W. Washington, D.C. 20201

Appeal Level 5: A hearing in the Federal court

A federal court judge will review your case. To ask for this review, you must submit within 60 days since the MAC’s decision. Instructions of filling are inside the Appeal Council’s denial letter.

Arriving at this stage means there are law issues you want to challenge. In this case, there are slim chances to win without being represented by a licensed attorney. You also need substantial evidence to support your case. This time the amount in dispute increases to $1,460 compared to the ALJ level (as of 2015).

If and when the case goes to court, the judge determines if the decision of the Medicare Appeals Council is supported by considerable evidence or not.

Focusing on health plan appeals and grievances, Beacon HCS is the home for a trusted and experienced partner for all your health plans needs. Beacon HCS is a privately held company founded in 2011. California-based, located in Austin, Texas. Website

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A Rare Online Revolt Emerges in China Over Death of Coronavirus Whistle-Blower

They posted videos of the Les Mis��rables song, “Do You Hear the People Sing.” They invoked article No. 35 of China’s Constitution, which stipulates freedom of speech. They tweeted lines from a poem, “For whom the bell tolls, it tolls for thee.”

The Chinese public have staged what amounts to an online revolt after the death of a doctor, Li Wenliang, who tried to warn of a mysterious virus that has since killed hundreds of people in China, infected tens of thousands and forced the government to corral many of the country’s 1.4 billion people.

Since late Thursday, people from different backgrounds, including government officials, prominent business figures and ordinary online users, have posted numerous messages expressing their grief at the doctor’s death and their anger over his silencing by the police after sharing his knowledge about the new coronavirus. It has prompted a nationwide soul-searching under an authoritarian government that allows for little dissent.

“I haven’t seen my WeChat timeline filled with so much forlornness and outrage,” Xu Danei, founder of a social media analytics company, wrote on the messaging platform WeChat.

“Tonight is a monumental moment for our collective conscience,” he wrote in a later post.

Though there are some outspoken dissidents in China, their numbers have dwindled as the Communist Party under the leader Xi Jinping has cracked down repeatedly on lawyers, journalists and businesspeople over the past seven years.

In this highly censored society, it’s rare for ordinary people to make demands and openly express anger toward the government. It’s even more rare for officials and heads of big corporations to show emotions that can be interpreted as discontent with the state.

After speculation of Mr. Li’s death began swirling online Thursday evening, the Communist Party’s propaganda machine went into full gear, trying to control the message. But it didn’t seem as effective as it had in the past.

The outpouring of messages online from sad, infuriated and grieving people was too much for the censors. The government even seemed to recognize the enormity of the country’s emotion, dispatching a team to investigate what it called “issues related to Dr. Li Wenliang that were reported by the public,” though without specifics.

For many people in China,the doctor’s death shook loose pent-up anger and frustration at how the government mishandled the situation by not sharing information earlier and by silencing whistle-blowers. It also seemed, to those online, that the government hadn’t learned lessons from previous crises, continuing to quash online criticism and investigative reports that provide vital information.

Updated Feb. 5, 2020

Where has the virus spread? You can track its movement with this map.

How is the United States being affected? There have been at least a dozen cases. American citizens and permanent residents who fly to the United States from China are now subject to a two-week quarantine.

What if I’m traveling? Several countries, including the United States, have discouraged travel to China, and several airlines have canceled flights. Many travelers have been left in limbo while looking to change or cancel bookings.

How do I keep myself and others safe? Washing your hands is the most important thing you can do.

Some users of Weibo, China’s Twitter-like social media platform, are saying the doctor’s death resonated because he was an ordinary person who was forced to admit to wrongdoing for doing the right thing.

Image

An illustration of Mr. Li shared widely on Weibo, a Chinese social media platform.Credit…Kuang Biao

Dr. Li was reprimanded by the police after he shared concerns about the virus in a social messaging app with medical school classmates on Dec. 30.

Three days later, the police compelled him to sign a statement that his warning constituted “illegal behavior.”

The doctor eventually went public with his experiences and gave interviews to help the public better understand the unfolding epidemic.

“He didn’t want to become a hero but for those of us in 2020, he had reached the upper limit of what we can imagine a hero would do,” one Weibo post read. The post is one of many that users say they wrote out of shame and guilt for not standing up to an authoritarian government, like Dr. Li did.

Many people posted a variation of a quote: “He who holds the firewood for the masses is the one who freezes to death in wind and snow.” The original version of the saying came from the Chinese writer Murong Xuecun about seven years ago when he and some friends were raising money for the families of political prisoners.

It was written as a reminder to people that it was in their interest to support those who dared to stand up to authority. Many of those people had frozen to death, figuratively speaking, as fewer people were willing to publicly support these dissenting figures.

The atmosphere was very different on Thursday evening. As confusion mounted about Dr. Li’s fate, people accused the authorities of trying to delay announcing his death.

The grief was so widespread that it appeared in unlikely corners.

“Refusing to listen to your ‘whistling,’ your country has stopped ticking, and your heart has stopped beating,” Hong Bing, the Shanghai bureau chief of the Communist Party’s official newspaper, People’s Daily, wrote on her timeline on WeChat, an instant-messaging platform. “How big a price do we have to pay to make you and your whistling sound louder, to reach every corner of the East?”

Both the Chinese- and English-language Twitter accounts of People’s Daily tweeted that Mr. Li’s death had prompted “national grief.” Both accounts deleted those messages before replacing them with more neutral, official-sounding posts.

The Weibo account of Shandong Province’s law enforcement body posted a portrait of Mr. Li with two sentences that have been circulating online: “Heroes don’t fall from the sky. They’re just ordinary people who stepped forward.”

Wang Gaofei, the chief executive of Weibo, which carries out many of the orders passed down from China’s censors, pondered what lessons China should learn from Dr. Li’s death. “We should be more tolerant of people who post ‘untruthful information’ that aren’t malicious,” he said in a post. “If we’re only allowed to speak what we can guarantee is fact, we’re going to pay prices.”

Even the official WeChat account of a quantum physics blog wrote a post headlined, “Li Wenliang, you only went to the ‘parallel universe.’”

On social media, many people urged the government to make Dr. Li a martyr and hold a state funeral attended by the nation’s leaders.

“It’s the first time my screen is full of one person’s name,” wrote Zheng Wenxin, a lawyer. “It’s the first time this nation held a state funeral for a doctor.”

Image

Dr. Li being treated at the Wuhan Central Hospital last month.

“RIP our hero,” Fan Bao, a prominent tech investor, posted on his WeChat timeline.

For some, it was a lesson about the importance of free speech, one the government didn’t understand. Beijing has increased its censorship over investigative reports that have exposed missteps by officials who underestimated and played down the threat from the coronavirus. China’s top leaders stepped up efforts to make the news coverage focus more on positive developments in the battle against the epidemic.

The hashtag #wewantfreedomofspeech# was created on Weibo at 2 a.m. on Friday morning and had over two million views and over 5,500 posts by 7 a.m. It was deleted by censors, along with related topics, such as ones saying the Wuhan government owed Dr. Li an apology.

“I love my country deeply,” read one post under that topic. “But I don’t like the current system and the ruling style of my country. It covered my eyes, my ears and my mouth.”

The writer of the post complained about not being able to gain access to the internet beyond the Great Firewall. “I’ve been holding back for a long time. I feel we’ve all been holding back for a long time. It erupted today.”

Talking about freedom of speech on the Chinese internet is taboo, even though it’s written into the Constitution. So it’s a small miracle that the freedom of speech hashtag survived for over five hours.

The country’s high-powered executives have been less blunt, but have echoed the same sentiments online.

“It’s time to reflect on the deeply-rooted, stability-trumps-everything thinking that’s hurt everyone,” Wang Ran, chairman of the investment bank CEC Capital, wrote on Weibo. “We all want stability,” he asked. “Will you be more stable if you cover the others’ mouths while walking on a tightrope?

Gao Xiaosong, an Alibaba executive, posted on his Weibo account that he hopes China will enact a whistle-blower protection act, seemingly in reference to the American law, so that more people could speak out. “RIP. Our hero. Thank you,” he wrote of Dr. Li.

There are proposals for people in China to sound their car horns at 9:30 p.m. on Friday in the doctor’s memory.

They have also urged the simultaneous posting of a hashtag of the two questions the police asked Dr. Li to answer in a statement: “Can you stop your illegal behavior?” and “Do you understand you’ll be punished if you don’t stop such behavior?”

Dr. Li had been forced to respond in writing: “I can” and “I understand” — putting his red thumbprint on top of them.

It’s too early to tell whether the online anger and frustration will amount to much. There was palpable public outrage in a few past tragedies, including a 2008 earthquake in Sichuan Province and a train accident in 2011. But it faded in those instances.

Some people in China are more hopeful this time. In those past tragedies, many people could stay out of them, said Hou Zhihui, a commentator who has been detained twice for his online speeches. ��But this time, nobody can stay out of it. It’s impossible.”

from WordPress https://mastcomm.com/a-rare-online-revolt-emerges-in-china-over-death-of-coronavirus-whistle-blower/

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Real Estate Lawyer Tooele Utah

An experienced Tooele Utah real estate lawyer can act as the settlement agent in your real estate transaction.

In a real estate sale transaction, the settlement agent searches the records to make sure that no claims against the property have been recorded from the time of the initial search of the records until the time of recording the deed. Then the deed and applicable lender documents are recorded. Once these final steps have been completed, the purchaser has become the insured owner of the property, and the settlement agent distributes the funds collected at settlement in accordance with the details reflected on the settlement statement.

The settlement agent pays not only the seller but also the government, for all taxes and water and sewer fees owed; the real estate agent, for the commission; the lender, for origination and related fees; the settlement agent and title insurance company, for settlement charges and the title insurance premium; and all other parties to whom payments are owed, as reflected on the settlement statement. Sometimes, the settlement agent distributes the funds at the settlement table, before the deed is actually recorded.

The settlement agent can make sure that the requirements for title insurance have been met by recording the deed and searching the records for any new claims since the original title report. Further, by making all disbursements, the settlement agent can make sure that any lienholder whose lien needs to be released of record is paid the agreed amount for the release.

If the amount to cause a release to be recorded or to ensure that property taxes and water and sewer fees have been paid is not known at the time of settlement, the settlement agent can hold in escrow from the seller’s funds an estimated amount to cover such costs when they become known after settlement. Similarly, the settlement agent may hold in escrow funds from the seller to cover incomplete repairs. This type of escrow can benefit the purchaser as well as satisfy the settlement agent’s concerns that a contractor or subcontractor might file a mechanic’s lien against the property, which might become the liability of the title insurance company.

Title Insurance Policy Issues

Because most title insurance companies are national or multistate in scope, the American Land Title Association (ALTA) has set national standards and created form documents that are used across the country. Even though the basic forms are uniform, a wide variety of changes may be made, depending on local custom and practice. Everything from the type of security documents (deeds of trust or mortgages) to when the settlement agent will disburse funds may be different, depending on local circumstances. In addition, significant variations from the standard title insurance policies may be possible upon request by the purchaser or the lender. One type of variation, known as affirmative coverage, provides the purchaser and the lender with title insurance even when encumbrances have been identified as exceptions to the title insurance coverage. Examples of typical exceptions on a title insurance policy include any claims arising from property taxes and water sewer fees incurred after the settlement; discrepancies in boundary lines, which an accurate survey would disclose; covenants and rights of way that affect the property; claims arising out of bankruptcy and creditors’ rights laws; and claims arising from tenants or other parties in possession.

Examples of typical affirmative coverage for these exceptions include language ensuring that the unpaid taxes and water and sewer charges do not constitute liens under local law; language deleting the survey exception by noting the specific discrepancies that are reflected on a survey done for the particular property at issue; and language ensuring that, even though the property is encumbered, violation of a particular covenant will not cause the title to the property to be forfeited or reverted to a former owner. Affirmative coverage will not be routinely provided; it needs to be requested and/or negotiated with the title insurance company or settlement agent.

Lender Requirements

Ultimately, virtually every aspect of the pre-settlement, settlement, and post settlement processes may have to be changed to accommodate the particular and peculiar requirements of the lenders in each transaction. By and large, the purchaser/borrower is not in a position to argue too strenuously with how the lender wants to carry out these processes. Even where local custom and practice call for a particular approach, the lender’s requirements will ultimately control. For example, if the lender wants the borrower to use the lender’s counsel as the settlement agent, there is nothing in RESPA that prevents the lender from requiring the borrower to do so as a condition of obtaining the loan.

Similarly, the lender will decide which type of survey and surveyor’s certificate, as well as which title company and which type of affirmative coverage and exceptions will be acceptable.

The standard construction contract establishes a relationship among the owner, the architect (or designer), and the contractor. Typically, the owner contracts separately with the architect and the contractor and no contractual relationship exists between the architect and the contractor. The owner is the ultimate authority for the project and must coordinate the work of the other parties. The architect translates the owner’s ideas and budget into drawings and supervises construction as the agent of the owner. The contractor builds the project and supervises the work of all subcontractors required for the job. This triumvirate is typical of all construction projects and the relationships established require coordination by the owner in order to avoid conflict.

Most construction projects and most contracts executed between the owner and each of the members of the construction team utilize the standard construction contracts. These standard contracts, often serve as the baseline from which the parties negotiate, deleting certain terms and adding others, as appropriate.

Role of the Owner

The owner is the force behind the project and is seen by the other members of the team as the one party who will benefit most from the successful completion of construction. Typically, the owner will have the greatest financial stake in the project and will assume a correspondingly high risk. One of the owner’s key responsibilities is to select the architect, the contractor, and the construction manager, if appropriate. The owner, in selecting these professionals, must ask:

1. Is the architect capable of developing cost estimates and making day-to-day field decisions that reflect the owner’s goals and aspirations for the project?

2. Does the contractor have the integrity and capability, and sufficient inducement through payments or contractual obligations, to complete the proposed development?

The answers to these questions will determine the selection of both parties and the ultimate success of the project.

General Contractor

Contractors, in general, suffer from very bad press. Nearly everyone has had or has heard of a horror story involving a contractor, on jobs as small as a home repair or as large as construction of a skyscraper. The unfortunate truth is that there are bad contractors. However, new projects are completed every day, and contractors are building them. Knowing what to expect from a contractor is essential to the success of even the smallest real estate project.

A contractor can be selected through competitive bidding or interviews (often referred to as negotiated bids), or a combination of both. Many affordable housing projects, utilizing government funds, are required to use the competitive bidding process. This process is expected to result in the project’s being completed at the lowest possible cost because of open and free competition.

If the circumstances and financing allow, the owner may select a contractor through a negotiated bid process or interviews and recommendations and determine the one company most qualified and experienced for the work. To the extent possible, experienced developers often use a single contractor whom they know and trust for all of their development work. The interview process also may be used to select the contractors who will be invited to bid on the project or to select the contractor most suitable for the job after the bidding is complete.

The Owner’s Responsibilities to the Architect and Contractor After a contractor and architect are selected, the owner is responsible to them for a number of tangible and intangible items and duties. Other duties are implied by tradition and experience; all of them are reasonable:

• Funding the construction – The owner does not have to disclose to the Contractor the conditions, arrangements, or agreements that affect the project’s financing. The contractor, on the other hand, has no obligation to begin or continue work if reasonable evidence of funding cannot be shown. A contractor expects payments for work completed and reimbursement for materials purchased, contract expenses, or changes to the work. Establishing and maintaining a well-documented and expeditious payment process is critical to the success of a project. Failure of the owner to manage this payment process can have devastating effects on a project. For example, if a multifamily housing project is planned and is to utilize cost-saving prestressed concrete planks as a structural system, the subcontractor supplying the planks will manufacture them well in advance of the installation date. If project payments are delayed, the supplier may refuse to deliver the planks to the site. If a new floor is not in place, the other trades involved—plumbers, electricians and masons—will also be delayed. This domino effect can easily shut down an entire project.

• Securing surveys and defining easements, rights-of-way, or utility locations – The owner is responsible for obtaining an accurate and up-todate description of the property and of the existing conditions and improvements on the site. A project can be delayed significantly because of an unknown condition on the property, such as the lack of certain utility connections. As in the concrete planks example above, all work can be stopped, at considerable cost, while adjustments are made or plans are redesigned to include this previously unknown condition. Existing surveys should be re-examined for new or unrecorded conditions when a new survey is infeasible. Easements, rights of way, and utility locations can be checked with the municipal entity responsible for recording plats and deeds. The previous owner also should be consulted regarding any conditions that may have been granted but not recorded. The accuracy of these data is important because local laws and contracts often entitle the contractor to additional compensation for delays or work completed based on inaccurate data.

• Securing all necessary approvals from local, state, and federal authorities – Construction plans and specifications must be approved by the local building department, but they represent only the existing and proposed physical building conditions for the site. Additional approvals often are required for affordable housing projects. For example, in urban locations, zoning restrictions may preclude multifamily housing on the selected site or the use of wood frame construction for a three-family dwelling unit. Rural locations may encounter the need for a wetlands approval or specific water rights. The examples of approvals are endless, but the responsibility for obtaining them lies solely with the owner and the owner’s consultants.

An experienced Tooele Utah real estate lawyer, consultants, and other expediters familiar with the local laws are essential in obtaining the necessary authority to proceed with the project.

Providing evidence that any fees, assessments, or charges for use of the site have been paid. These costs are related to access to and use of the site. The owner may have acquired clear title to the property; however, additional costs may be necessary in order to make the property usable. Water and sewer connection fees, tax assessments, waste disposal fees, and temporary utility connection costs all may be required prior to or during construction. The construction contract should state explicitly whether the owner or the contractor is responsible for these costs.

In addition, affordable housing projects often make efficient use of the site for economies of scale. A “tight” site may require additional land on a temporary basis to facilitate construction. Staging areas, storage, parking, or crane access are just a few examples of the needs that may arise during construction. The need for additional space should be apparent to the contractor at a preconstruction site inspection, but the owner is responsible for acquiring the area necessary to accomplish the work proposed. All acquisition costs are the owner’s responsibility.

Tooele Utah Real Estate Lawyer Free Consultation

When you need legal help with a real estate matter in Tooele Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is: Evictions for Landlords. Quiet Title Actions. Boundary Disputes. Clearing Title. Title Disputes. Real Estate Lawsuits. Real Estate Zoning Issues. Real Property Non-Conforming Issues. Real Estate Code Enforcement. And More. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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Real Estate Lawyer Tooele Utah

An experienced Tooele Utah real estate lawyer can act as the settlement agent in your real estate transaction.

In a real estate sale transaction, the settlement agent searches the records to make sure that no claims against the property have been recorded from the time of the initial search of the records until the time of recording the deed. Then the deed and applicable lender documents are recorded. Once these final steps have been completed, the purchaser has become the insured owner of the property, and the settlement agent distributes the funds collected at settlement in accordance with the details reflected on the settlement statement.

The settlement agent pays not only the seller but also the government, for all taxes and water and sewer fees owed; the real estate agent, for the commission; the lender, for origination and related fees; the settlement agent and title insurance company, for settlement charges and the title insurance premium; and all other parties to whom payments are owed, as reflected on the settlement statement. Sometimes, the settlement agent distributes the funds at the settlement table, before the deed is actually recorded.

The settlement agent can make sure that the requirements for title insurance have been met by recording the deed and searching the records for any new claims since the original title report. Further, by making all disbursements, the settlement agent can make sure that any lienholder whose lien needs to be released of record is paid the agreed amount for the release.

If the amount to cause a release to be recorded or to ensure that property taxes and water and sewer fees have been paid is not known at the time of settlement, the settlement agent can hold in escrow from the seller’s funds an estimated amount to cover such costs when they become known after settlement. Similarly, the settlement agent may hold in escrow funds from the seller to cover incomplete repairs. This type of escrow can benefit the purchaser as well as satisfy the settlement agent’s concerns that a contractor or subcontractor might file a mechanic’s lien against the property, which might become the liability of the title insurance company.

Title Insurance Policy Issues

Because most title insurance companies are national or multistate in scope, the American Land Title Association (ALTA) has set national standards and created form documents that are used across the country. Even though the basic forms are uniform, a wide variety of changes may be made, depending on local custom and practice. Everything from the type of security documents (deeds of trust or mortgages) to when the settlement agent will disburse funds may be different, depending on local circumstances. In addition, significant variations from the standard title insurance policies may be possible upon request by the purchaser or the lender. One type of variation, known as affirmative coverage, provides the purchaser and the lender with title insurance even when encumbrances have been identified as exceptions to the title insurance coverage. Examples of typical exceptions on a title insurance policy include any claims arising from property taxes and water sewer fees incurred after the settlement; discrepancies in boundary lines, which an accurate survey would disclose; covenants and rights of way that affect the property; claims arising out of bankruptcy and creditors’ rights laws; and claims arising from tenants or other parties in possession.

Examples of typical affirmative coverage for these exceptions include language ensuring that the unpaid taxes and water and sewer charges do not constitute liens under local law; language deleting the survey exception by noting the specific discrepancies that are reflected on a survey done for the particular property at issue; and language ensuring that, even though the property is encumbered, violation of a particular covenant will not cause the title to the property to be forfeited or reverted to a former owner. Affirmative coverage will not be routinely provided; it needs to be requested and/or negotiated with the title insurance company or settlement agent.

Lender Requirements

Ultimately, virtually every aspect of the pre-settlement, settlement, and post settlement processes may have to be changed to accommodate the particular and peculiar requirements of the lenders in each transaction. By and large, the purchaser/borrower is not in a position to argue too strenuously with how the lender wants to carry out these processes. Even where local custom and practice call for a particular approach, the lender’s requirements will ultimately control. For example, if the lender wants the borrower to use the lender’s counsel as the settlement agent, there is nothing in RESPA that prevents the lender from requiring the borrower to do so as a condition of obtaining the loan.

Similarly, the lender will decide which type of survey and surveyor’s certificate, as well as which title company and which type of affirmative coverage and exceptions will be acceptable.

The standard construction contract establishes a relationship among the owner, the architect (or designer), and the contractor. Typically, the owner contracts separately with the architect and the contractor and no contractual relationship exists between the architect and the contractor. The owner is the ultimate authority for the project and must coordinate the work of the other parties. The architect translates the owner’s ideas and budget into drawings and supervises construction as the agent of the owner. The contractor builds the project and supervises the work of all subcontractors required for the job. This triumvirate is typical of all construction projects and the relationships established require coordination by the owner in order to avoid conflict.

Most construction projects and most contracts executed between the owner and each of the members of the construction team utilize the standard construction contracts. These standard contracts, often serve as the baseline from which the parties negotiate, deleting certain terms and adding others, as appropriate.

Role of the Owner

The owner is the force behind the project and is seen by the other members of the team as the one party who will benefit most from the successful completion of construction. Typically, the owner will have the greatest financial stake in the project and will assume a correspondingly high risk. One of the owner’s key responsibilities is to select the architect, the contractor, and the construction manager, if appropriate. The owner, in selecting these professionals, must ask:

1. Is the architect capable of developing cost estimates and making day-to-day field decisions that reflect the owner’s goals and aspirations for the project?

2. Does the contractor have the integrity and capability, and sufficient inducement through payments or contractual obligations, to complete the proposed development?

The answers to these questions will determine the selection of both parties and the ultimate success of the project.

General Contractor

Contractors, in general, suffer from very bad press. Nearly everyone has had or has heard of a horror story involving a contractor, on jobs as small as a home repair or as large as construction of a skyscraper. The unfortunate truth is that there are bad contractors. However, new projects are completed every day, and contractors are building them. Knowing what to expect from a contractor is essential to the success of even the smallest real estate project.

A contractor can be selected through competitive bidding or interviews (often referred to as negotiated bids), or a combination of both. Many affordable housing projects, utilizing government funds, are required to use the competitive bidding process. This process is expected to result in the project’s being completed at the lowest possible cost because of open and free competition.

If the circumstances and financing allow, the owner may select a contractor through a negotiated bid process or interviews and recommendations and determine the one company most qualified and experienced for the work. To the extent possible, experienced developers often use a single contractor whom they know and trust for all of their development work. The interview process also may be used to select the contractors who will be invited to bid on the project or to select the contractor most suitable for the job after the bidding is complete.

The Owner’s Responsibilities to the Architect and Contractor After a contractor and architect are selected, the owner is responsible to them for a number of tangible and intangible items and duties. Other duties are implied by tradition and experience; all of them are reasonable:

• Funding the construction – The owner does not have to disclose to the Contractor the conditions, arrangements, or agreements that affect the project’s financing. The contractor, on the other hand, has no obligation to begin or continue work if reasonable evidence of funding cannot be shown. A contractor expects payments for work completed and reimbursement for materials purchased, contract expenses, or changes to the work. Establishing and maintaining a well-documented and expeditious payment process is critical to the success of a project. Failure of the owner to manage this payment process can have devastating effects on a project. For example, if a multifamily housing project is planned and is to utilize cost-saving prestressed concrete planks as a structural system, the subcontractor supplying the planks will manufacture them well in advance of the installation date. If project payments are delayed, the supplier may refuse to deliver the planks to the site. If a new floor is not in place, the other trades involved—plumbers, electricians and masons—will also be delayed. This domino effect can easily shut down an entire project.

• Securing surveys and defining easements, rights-of-way, or utility locations – The owner is responsible for obtaining an accurate and up-todate description of the property and of the existing conditions and improvements on the site. A project can be delayed significantly because of an unknown condition on the property, such as the lack of certain utility connections. As in the concrete planks example above, all work can be stopped, at considerable cost, while adjustments are made or plans are redesigned to include this previously unknown condition. Existing surveys should be re-examined for new or unrecorded conditions when a new survey is infeasible. Easements, rights of way, and utility locations can be checked with the municipal entity responsible for recording plats and deeds. The previous owner also should be consulted regarding any conditions that may have been granted but not recorded. The accuracy of these data is important because local laws and contracts often entitle the contractor to additional compensation for delays or work completed based on inaccurate data.

• Securing all necessary approvals from local, state, and federal authorities – Construction plans and specifications must be approved by the local building department, but they represent only the existing and proposed physical building conditions for the site. Additional approvals often are required for affordable housing projects. For example, in urban locations, zoning restrictions may preclude multifamily housing on the selected site or the use of wood frame construction for a three-family dwelling unit. Rural locations may encounter the need for a wetlands approval or specific water rights. The examples of approvals are endless, but the responsibility for obtaining them lies solely with the owner and the owner’s consultants.

An experienced Tooele Utah real estate lawyer, consultants, and other expediters familiar with the local laws are essential in obtaining the necessary authority to proceed with the project.

Providing evidence that any fees, assessments, or charges for use of the site have been paid. These costs are related to access to and use of the site. The owner may have acquired clear title to the property; however, additional costs may be necessary in order to make the property usable. Water and sewer connection fees, tax assessments, waste disposal fees, and temporary utility connection costs all may be required prior to or during construction. The construction contract should state explicitly whether the owner or the contractor is responsible for these costs.

In addition, affordable housing projects often make efficient use of the site for economies of scale. A “tight” site may require additional land on a temporary basis to facilitate construction. Staging areas, storage, parking, or crane access are just a few examples of the needs that may arise during construction. The need for additional space should be apparent to the contractor at a preconstruction site inspection, but the owner is responsible for acquiring the area necessary to accomplish the work proposed. All acquisition costs are the owner’s responsibility.

Tooele Utah Real Estate Lawyer Free Consultation

When you need legal help with a real estate matter in Tooele Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is: Evictions for Landlords. Quiet Title Actions. Boundary Disputes. Clearing Title. Title Disputes. Real Estate Lawsuits. Real Estate Zoning Issues. Real Property Non-Conforming Issues. Real Estate Code Enforcement. And More. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Get Your House Out Of Foreclosure?

Family Lawyer Sandy Utah

Can A Chapter 7 Trustee Sell My House?

Probate Lawyer Lindon Utah

Can I Trademark A Logo On A Shirt?

Can You Date During Legal Separation?

from https://www.ascentlawfirm.com/real-estate-lawyer-tooele-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/real-estate-lawyer-tooele-utah

[michaeljames1221]

Real Estate Lawyer Tooele Utah

An experienced Tooele Utah real estate lawyer can act as the settlement agent in your real estate transaction.

In a real estate sale transaction, the settlement agent searches the records to make sure that no claims against the property have been recorded from the time of the initial search of the records until the time of recording the deed. Then the deed and applicable lender documents are recorded. Once these final steps have been completed, the purchaser has become the insured owner of the property, and the settlement agent distributes the funds collected at settlement in accordance with the details reflected on the settlement statement.

The settlement agent pays not only the seller but also the government, for all taxes and water and sewer fees owed; the real estate agent, for the commission; the lender, for origination and related fees; the settlement agent and title insurance company, for settlement charges and the title insurance premium; and all other parties to whom payments are owed, as reflected on the settlement statement. Sometimes, the settlement agent distributes the funds at the settlement table, before the deed is actually recorded.

The settlement agent can make sure that the requirements for title insurance have been met by recording the deed and searching the records for any new claims since the original title report. Further, by making all disbursements, the settlement agent can make sure that any lienholder whose lien needs to be released of record is paid the agreed amount for the release.

If the amount to cause a release to be recorded or to ensure that property taxes and water and sewer fees have been paid is not known at the time of settlement, the settlement agent can hold in escrow from the seller’s funds an estimated amount to cover such costs when they become known after settlement. Similarly, the settlement agent may hold in escrow funds from the seller to cover incomplete repairs. This type of escrow can benefit the purchaser as well as satisfy the settlement agent’s concerns that a contractor or subcontractor might file a mechanic’s lien against the property, which might become the liability of the title insurance company.

Title Insurance Policy Issues

Because most title insurance companies are national or multistate in scope, the American Land Title Association (ALTA) has set national standards and created form documents that are used across the country. Even though the basic forms are uniform, a wide variety of changes may be made, depending on local custom and practice. Everything from the type of security documents (deeds of trust or mortgages) to when the settlement agent will disburse funds may be different, depending on local circumstances. In addition, significant variations from the standard title insurance policies may be possible upon request by the purchaser or the lender. One type of variation, known as affirmative coverage, provides the purchaser and the lender with title insurance even when encumbrances have been identified as exceptions to the title insurance coverage. Examples of typical exceptions on a title insurance policy include any claims arising from property taxes and water sewer fees incurred after the settlement; discrepancies in boundary lines, which an accurate survey would disclose; covenants and rights of way that affect the property; claims arising out of bankruptcy and creditors’ rights laws; and claims arising from tenants or other parties in possession.

Examples of typical affirmative coverage for these exceptions include language ensuring that the unpaid taxes and water and sewer charges do not constitute liens under local law; language deleting the survey exception by noting the specific discrepancies that are reflected on a survey done for the particular property at issue; and language ensuring that, even though the property is encumbered, violation of a particular covenant will not cause the title to the property to be forfeited or reverted to a former owner. Affirmative coverage will not be routinely provided; it needs to be requested and/or negotiated with the title insurance company or settlement agent.

Lender Requirements

Ultimately, virtually every aspect of the pre-settlement, settlement, and post settlement processes may have to be changed to accommodate the particular and peculiar requirements of the lenders in each transaction. By and large, the purchaser/borrower is not in a position to argue too strenuously with how the lender wants to carry out these processes. Even where local custom and practice call for a particular approach, the lender’s requirements will ultimately control. For example, if the lender wants the borrower to use the lender’s counsel as the settlement agent, there is nothing in RESPA that prevents the lender from requiring the borrower to do so as a condition of obtaining the loan.

Similarly, the lender will decide which type of survey and surveyor’s certificate, as well as which title company and which type of affirmative coverage and exceptions will be acceptable.

The standard construction contract establishes a relationship among the owner, the architect (or designer), and the contractor. Typically, the owner contracts separately with the architect and the contractor and no contractual relationship exists between the architect and the contractor. The owner is the ultimate authority for the project and must coordinate the work of the other parties. The architect translates the owner’s ideas and budget into drawings and supervises construction as the agent of the owner. The contractor builds the project and supervises the work of all subcontractors required for the job. This triumvirate is typical of all construction projects and the relationships established require coordination by the owner in order to avoid conflict.

Most construction projects and most contracts executed between the owner and each of the members of the construction team utilize the standard construction contracts. These standard contracts, often serve as the baseline from which the parties negotiate, deleting certain terms and adding others, as appropriate.

Role of the Owner

The owner is the force behind the project and is seen by the other members of the team as the one party who will benefit most from the successful completion of construction. Typically, the owner will have the greatest financial stake in the project and will assume a correspondingly high risk. One of the owner’s key responsibilities is to select the architect, the contractor, and the construction manager, if appropriate. The owner, in selecting these professionals, must ask:

1. Is the architect capable of developing cost estimates and making day-to-day field decisions that reflect the owner’s goals and aspirations for the project?

2. Does the contractor have the integrity and capability, and sufficient inducement through payments or contractual obligations, to complete the proposed development?

The answers to these questions will determine the selection of both parties and the ultimate success of the project.

General Contractor

Contractors, in general, suffer from very bad press. Nearly everyone has had or has heard of a horror story involving a contractor, on jobs as small as a home repair or as large as construction of a skyscraper. The unfortunate truth is that there are bad contractors. However, new projects are completed every day, and contractors are building them. Knowing what to expect from a contractor is essential to the success of even the smallest real estate project.

A contractor can be selected through competitive bidding or interviews (often referred to as negotiated bids), or a combination of both. Many affordable housing projects, utilizing government funds, are required to use the competitive bidding process. This process is expected to result in the project’s being completed at the lowest possible cost because of open and free competition.

If the circumstances and financing allow, the owner may select a contractor through a negotiated bid process or interviews and recommendations and determine the one company most qualified and experienced for the work. To the extent possible, experienced developers often use a single contractor whom they know and trust for all of their development work. The interview process also may be used to select the contractors who will be invited to bid on the project or to select the contractor most suitable for the job after the bidding is complete.

The Owner’s Responsibilities to the Architect and Contractor After a contractor and architect are selected, the owner is responsible to them for a number of tangible and intangible items and duties. Other duties are implied by tradition and experience; all of them are reasonable:

• Funding the construction – The owner does not have to disclose to the Contractor the conditions, arrangements, or agreements that affect the project’s financing. The contractor, on the other hand, has no obligation to begin or continue work if reasonable evidence of funding cannot be shown. A contractor expects payments for work completed and reimbursement for materials purchased, contract expenses, or changes to the work. Establishing and maintaining a well-documented and expeditious payment process is critical to the success of a project. Failure of the owner to manage this payment process can have devastating effects on a project. For example, if a multifamily housing project is planned and is to utilize cost-saving prestressed concrete planks as a structural system, the subcontractor supplying the planks will manufacture them well in advance of the installation date. If project payments are delayed, the supplier may refuse to deliver the planks to the site. If a new floor is not in place, the other trades involved—plumbers, electricians and masons—will also be delayed. This domino effect can easily shut down an entire project.

• Securing surveys and defining easements, rights-of-way, or utility locations – The owner is responsible for obtaining an accurate and up-todate description of the property and of the existing conditions and improvements on the site. A project can be delayed significantly because of an unknown condition on the property, such as the lack of certain utility connections. As in the concrete planks example above, all work can be stopped, at considerable cost, while adjustments are made or plans are redesigned to include this previously unknown condition. Existing surveys should be re-examined for new or unrecorded conditions when a new survey is infeasible. Easements, rights of way, and utility locations can be checked with the municipal entity responsible for recording plats and deeds. The previous owner also should be consulted regarding any conditions that may have been granted but not recorded. The accuracy of these data is important because local laws and contracts often entitle the contractor to additional compensation for delays or work completed based on inaccurate data.

• Securing all necessary approvals from local, state, and federal authorities – Construction plans and specifications must be approved by the local building department, but they represent only the existing and proposed physical building conditions for the site. Additional approvals often are required for affordable housing projects. For example, in urban locations, zoning restrictions may preclude multifamily housing on the selected site or the use of wood frame construction for a three-family dwelling unit. Rural locations may encounter the need for a wetlands approval or specific water rights. The examples of approvals are endless, but the responsibility for obtaining them lies solely with the owner and the owner’s consultants.

An experienced Tooele Utah real estate lawyer, consultants, and other expediters familiar with the local laws are essential in obtaining the necessary authority to proceed with the project.

Providing evidence that any fees, assessments, or charges for use of the site have been paid. These costs are related to access to and use of the site. The owner may have acquired clear title to the property; however, additional costs may be necessary in order to make the property usable. Water and sewer connection fees, tax assessments, waste disposal fees, and temporary utility connection costs all may be required prior to or during construction. The construction contract should state explicitly whether the owner or the contractor is responsible for these costs.

In addition, affordable housing projects often make efficient use of the site for economies of scale. A “tight” site may require additional land on a temporary basis to facilitate construction. Staging areas, storage, parking, or crane access are just a few examples of the needs that may arise during construction. The need for additional space should be apparent to the contractor at a preconstruction site inspection, but the owner is responsible for acquiring the area necessary to accomplish the work proposed. All acquisition costs are the owner’s responsibility.

Tooele Utah Real Estate Lawyer Free Consultation

When you need legal help with a real estate matter in Tooele Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is: Evictions for Landlords. Quiet Title Actions. Boundary Disputes. Clearing Title. Title Disputes. Real Estate Lawsuits. Real Estate Zoning Issues. Real Property Non-Conforming Issues. Real Estate Code Enforcement. And More. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Get Your House Out Of Foreclosure?

Family Lawyer Sandy Utah

Can A Chapter 7 Trustee Sell My House?

Probate Lawyer Lindon Utah

Can I Trademark A Logo On A Shirt?

Can You Date During Legal Separation?

from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-tooele-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/02/06/real-estate-lawyer-tooele-utah/

[coming-from-hell]

Real Estate Lawyer Tooele Utah

An experienced Tooele Utah real estate lawyer can act as the settlement agent in your real estate transaction.

In a real estate sale transaction, the settlement agent searches the records to make sure that no claims against the property have been recorded from the time of the initial search of the records until the time of recording the deed. Then the deed and applicable lender documents are recorded. Once these final steps have been completed, the purchaser has become the insured owner of the property, and the settlement agent distributes the funds collected at settlement in accordance with the details reflected on the settlement statement.

The settlement agent pays not only the seller but also the government, for all taxes and water and sewer fees owed; the real estate agent, for the commission; the lender, for origination and related fees; the settlement agent and title insurance company, for settlement charges and the title insurance premium; and all other parties to whom payments are owed, as reflected on the settlement statement. Sometimes, the settlement agent distributes the funds at the settlement table, before the deed is actually recorded.

The settlement agent can make sure that the requirements for title insurance have been met by recording the deed and searching the records for any new claims since the original title report. Further, by making all disbursements, the settlement agent can make sure that any lienholder whose lien needs to be released of record is paid the agreed amount for the release.

If the amount to cause a release to be recorded or to ensure that property taxes and water and sewer fees have been paid is not known at the time of settlement, the settlement agent can hold in escrow from the seller’s funds an estimated amount to cover such costs when they become known after settlement. Similarly, the settlement agent may hold in escrow funds from the seller to cover incomplete repairs. This type of escrow can benefit the purchaser as well as satisfy the settlement agent’s concerns that a contractor or subcontractor might file a mechanic’s lien against the property, which might become the liability of the title insurance company.

Title Insurance Policy Issues

Because most title insurance companies are national or multistate in scope, the American Land Title Association (ALTA) has set national standards and created form documents that are used across the country. Even though the basic forms are uniform, a wide variety of changes may be made, depending on local custom and practice. Everything from the type of security documents (deeds of trust or mortgages) to when the settlement agent will disburse funds may be different, depending on local circumstances. In addition, significant variations from the standard title insurance policies may be possible upon request by the purchaser or the lender. One type of variation, known as affirmative coverage, provides the purchaser and the lender with title insurance even when encumbrances have been identified as exceptions to the title insurance coverage. Examples of typical exceptions on a title insurance policy include any claims arising from property taxes and water sewer fees incurred after the settlement; discrepancies in boundary lines, which an accurate survey would disclose; covenants and rights of way that affect the property; claims arising out of bankruptcy and creditors’ rights laws; and claims arising from tenants or other parties in possession.

Examples of typical affirmative coverage for these exceptions include language ensuring that the unpaid taxes and water and sewer charges do not constitute liens under local law; language deleting the survey exception by noting the specific discrepancies that are reflected on a survey done for the particular property at issue; and language ensuring that, even though the property is encumbered, violation of a particular covenant will not cause the title to the property to be forfeited or reverted to a former owner. Affirmative coverage will not be routinely provided; it needs to be requested and/or negotiated with the title insurance company or settlement agent.

Lender Requirements

Ultimately, virtually every aspect of the pre-settlement, settlement, and post settlement processes may have to be changed to accommodate the particular and peculiar requirements of the lenders in each transaction. By and large, the purchaser/borrower is not in a position to argue too strenuously with how the lender wants to carry out these processes. Even where local custom and practice call for a particular approach, the lender’s requirements will ultimately control. For example, if the lender wants the borrower to use the lender’s counsel as the settlement agent, there is nothing in RESPA that prevents the lender from requiring the borrower to do so as a condition of obtaining the loan.

Similarly, the lender will decide which type of survey and surveyor’s certificate, as well as which title company and which type of affirmative coverage and exceptions will be acceptable.

The standard construction contract establishes a relationship among the owner, the architect (or designer), and the contractor. Typically, the owner contracts separately with the architect and the contractor and no contractual relationship exists between the architect and the contractor. The owner is the ultimate authority for the project and must coordinate the work of the other parties. The architect translates the owner’s ideas and budget into drawings and supervises construction as the agent of the owner. The contractor builds the project and supervises the work of all subcontractors required for the job. This triumvirate is typical of all construction projects and the relationships established require coordination by the owner in order to avoid conflict.

Most construction projects and most contracts executed between the owner and each of the members of the construction team utilize the standard construction contracts. These standard contracts, often serve as the baseline from which the parties negotiate, deleting certain terms and adding others, as appropriate.

Role of the Owner

The owner is the force behind the project and is seen by the other members of the team as the one party who will benefit most from the successful completion of construction. Typically, the owner will have the greatest financial stake in the project and will assume a correspondingly high risk. One of the owner’s key responsibilities is to select the architect, the contractor, and the construction manager, if appropriate. The owner, in selecting these professionals, must ask:

1. Is the architect capable of developing cost estimates and making day-to-day field decisions that reflect the owner’s goals and aspirations for the project?

2. Does the contractor have the integrity and capability, and sufficient inducement through payments or contractual obligations, to complete the proposed development?

The answers to these questions will determine the selection of both parties and the ultimate success of the project.

General Contractor

Contractors, in general, suffer from very bad press. Nearly everyone has had or has heard of a horror story involving a contractor, on jobs as small as a home repair or as large as construction of a skyscraper. The unfortunate truth is that there are bad contractors. However, new projects are completed every day, and contractors are building them. Knowing what to expect from a contractor is essential to the success of even the smallest real estate project.

A contractor can be selected through competitive bidding or interviews (often referred to as negotiated bids), or a combination of both. Many affordable housing projects, utilizing government funds, are required to use the competitive bidding process. This process is expected to result in the project’s being completed at the lowest possible cost because of open and free competition.

If the circumstances and financing allow, the owner may select a contractor through a negotiated bid process or interviews and recommendations and determine the one company most qualified and experienced for the work. To the extent possible, experienced developers often use a single contractor whom they know and trust for all of their development work. The interview process also may be used to select the contractors who will be invited to bid on the project or to select the contractor most suitable for the job after the bidding is complete.

The Owner’s Responsibilities to the Architect and Contractor After a contractor and architect are selected, the owner is responsible to them for a number of tangible and intangible items and duties. Other duties are implied by tradition and experience; all of them are reasonable:

• Funding the construction – The owner does not have to disclose to the Contractor the conditions, arrangements, or agreements that affect the project’s financing. The contractor, on the other hand, has no obligation to begin or continue work if reasonable evidence of funding cannot be shown. A contractor expects payments for work completed and reimbursement for materials purchased, contract expenses, or changes to the work. Establishing and maintaining a well-documented and expeditious payment process is critical to the success of a project. Failure of the owner to manage this payment process can have devastating effects on a project. For example, if a multifamily housing project is planned and is to utilize cost-saving prestressed concrete planks as a structural system, the subcontractor supplying the planks will manufacture them well in advance of the installation date. If project payments are delayed, the supplier may refuse to deliver the planks to the site. If a new floor is not in place, the other trades involved—plumbers, electricians and masons—will also be delayed. This domino effect can easily shut down an entire project.

• Securing surveys and defining easements, rights-of-way, or utility locations – The owner is responsible for obtaining an accurate and up-todate description of the property and of the existing conditions and improvements on the site. A project can be delayed significantly because of an unknown condition on the property, such as the lack of certain utility connections. As in the concrete planks example above, all work can be stopped, at considerable cost, while adjustments are made or plans are redesigned to include this previously unknown condition. Existing surveys should be re-examined for new or unrecorded conditions when a new survey is infeasible. Easements, rights of way, and utility locations can be checked with the municipal entity responsible for recording plats and deeds. The previous owner also should be consulted regarding any conditions that may have been granted but not recorded. The accuracy of these data is important because local laws and contracts often entitle the contractor to additional compensation for delays or work completed based on inaccurate data.

• Securing all necessary approvals from local, state, and federal authorities – Construction plans and specifications must be approved by the local building department, but they represent only the existing and proposed physical building conditions for the site. Additional approvals often are required for affordable housing projects. For example, in urban locations, zoning restrictions may preclude multifamily housing on the selected site or the use of wood frame construction for a three-family dwelling unit. Rural locations may encounter the need for a wetlands approval or specific water rights. The examples of approvals are endless, but the responsibility for obtaining them lies solely with the owner and the owner’s consultants.

An experienced Tooele Utah real estate lawyer, consultants, and other expediters familiar with the local laws are essential in obtaining the necessary authority to proceed with the project.

Providing evidence that any fees, assessments, or charges for use of the site have been paid. These costs are related to access to and use of the site. The owner may have acquired clear title to the property; however, additional costs may be necessary in order to make the property usable. Water and sewer connection fees, tax assessments, waste disposal fees, and temporary utility connection costs all may be required prior to or during construction. The construction contract should state explicitly whether the owner or the contractor is responsible for these costs.

In addition, affordable housing projects often make efficient use of the site for economies of scale. A “tight” site may require additional land on a temporary basis to facilitate construction. Staging areas, storage, parking, or crane access are just a few examples of the needs that may arise during construction. The need for additional space should be apparent to the contractor at a preconstruction site inspection, but the owner is responsible for acquiring the area necessary to accomplish the work proposed. All acquisition costs are the owner’s responsibility.

Tooele Utah Real Estate Lawyer Free Consultation

When you need legal help with a real estate matter in Tooele Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is: Evictions for Landlords. Quiet Title Actions. Boundary Disputes. Clearing Title. Title Disputes. Real Estate Lawsuits. Real Estate Zoning Issues. Real Property Non-Conforming Issues. Real Estate Code Enforcement. And More. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Get Your House Out Of Foreclosure?

Family Lawyer Sandy Utah

Can A Chapter 7 Trustee Sell My House?

Probate Lawyer Lindon Utah

Can I Trademark A Logo On A Shirt?

Can You Date During Legal Separation?

Source: https://www.ascentlawfirm.com/real-estate-lawyer-tooele-utah/

[gonnagoandrunwiththehorses]

Real Estate Lawyer Tooele Utah

An experienced Tooele Utah real estate lawyer can act as the settlement agent in your real estate transaction.

In a real estate sale transaction, the settlement agent searches the records to make sure that no claims against the property have been recorded from the time of the initial search of the records until the time of recording the deed. Then the deed and applicable lender documents are recorded. Once these final steps have been completed, the purchaser has become the insured owner of the property, and the settlement agent distributes the funds collected at settlement in accordance with the details reflected on the settlement statement.

The settlement agent pays not only the seller but also the government, for all taxes and water and sewer fees owed; the real estate agent, for the commission; the lender, for origination and related fees; the settlement agent and title insurance company, for settlement charges and the title insurance premium; and all other parties to whom payments are owed, as reflected on the settlement statement. Sometimes, the settlement agent distributes the funds at the settlement table, before the deed is actually recorded.

The settlement agent can make sure that the requirements for title insurance have been met by recording the deed and searching the records for any new claims since the original title report. Further, by making all disbursements, the settlement agent can make sure that any lienholder whose lien needs to be released of record is paid the agreed amount for the release.

If the amount to cause a release to be recorded or to ensure that property taxes and water and sewer fees have been paid is not known at the time of settlement, the settlement agent can hold in escrow from the seller’s funds an estimated amount to cover such costs when they become known after settlement. Similarly, the settlement agent may hold in escrow funds from the seller to cover incomplete repairs. This type of escrow can benefit the purchaser as well as satisfy the settlement agent’s concerns that a contractor or subcontractor might file a mechanic’s lien against the property, which might become the liability of the title insurance company.

Title Insurance Policy Issues

Because most title insurance companies are national or multistate in scope, the American Land Title Association (ALTA) has set national standards and created form documents that are used across the country. Even though the basic forms are uniform, a wide variety of changes may be made, depending on local custom and practice. Everything from the type of security documents (deeds of trust or mortgages) to when the settlement agent will disburse funds may be different, depending on local circumstances. In addition, significant variations from the standard title insurance policies may be possible upon request by the purchaser or the lender. One type of variation, known as affirmative coverage, provides the purchaser and the lender with title insurance even when encumbrances have been identified as exceptions to the title insurance coverage. Examples of typical exceptions on a title insurance policy include any claims arising from property taxes and water sewer fees incurred after the settlement; discrepancies in boundary lines, which an accurate survey would disclose; covenants and rights of way that affect the property; claims arising out of bankruptcy and creditors’ rights laws; and claims arising from tenants or other parties in possession.

Examples of typical affirmative coverage for these exceptions include language ensuring that the unpaid taxes and water and sewer charges do not constitute liens under local law; language deleting the survey exception by noting the specific discrepancies that are reflected on a survey done for the particular property at issue; and language ensuring that, even though the property is encumbered, violation of a particular covenant will not cause the title to the property to be forfeited or reverted to a former owner. Affirmative coverage will not be routinely provided; it needs to be requested and/or negotiated with the title insurance company or settlement agent.

Lender Requirements

Ultimately, virtually every aspect of the pre-settlement, settlement, and post settlement processes may have to be changed to accommodate the particular and peculiar requirements of the lenders in each transaction. By and large, the purchaser/borrower is not in a position to argue too strenuously with how the lender wants to carry out these processes. Even where local custom and practice call for a particular approach, the lender’s requirements will ultimately control. For example, if the lender wants the borrower to use the lender’s counsel as the settlement agent, there is nothing in RESPA that prevents the lender from requiring the borrower to do so as a condition of obtaining the loan.

Similarly, the lender will decide which type of survey and surveyor’s certificate, as well as which title company and which type of affirmative coverage and exceptions will be acceptable.

The standard construction contract establishes a relationship among the owner, the architect (or designer), and the contractor. Typically, the owner contracts separately with the architect and the contractor and no contractual relationship exists between the architect and the contractor. The owner is the ultimate authority for the project and must coordinate the work of the other parties. The architect translates the owner’s ideas and budget into drawings and supervises construction as the agent of the owner. The contractor builds the project and supervises the work of all subcontractors required for the job. This triumvirate is typical of all construction projects and the relationships established require coordination by the owner in order to avoid conflict.

Most construction projects and most contracts executed between the owner and each of the members of the construction team utilize the standard construction contracts. These standard contracts, often serve as the baseline from which the parties negotiate, deleting certain terms and adding others, as appropriate.

Role of the Owner

The owner is the force behind the project and is seen by the other members of the team as the one party who will benefit most from the successful completion of construction. Typically, the owner will have the greatest financial stake in the project and will assume a correspondingly high risk. One of the owner’s key responsibilities is to select the architect, the contractor, and the construction manager, if appropriate. The owner, in selecting these professionals, must ask:

1. Is the architect capable of developing cost estimates and making day-to-day field decisions that reflect the owner’s goals and aspirations for the project?

2. Does the contractor have the integrity and capability, and sufficient inducement through payments or contractual obligations, to complete the proposed development?

The answers to these questions will determine the selection of both parties and the ultimate success of the project.

General Contractor

Contractors, in general, suffer from very bad press. Nearly everyone has had or has heard of a horror story involving a contractor, on jobs as small as a home repair or as large as construction of a skyscraper. The unfortunate truth is that there are bad contractors. However, new projects are completed every day, and contractors are building them. Knowing what to expect from a contractor is essential to the success of even the smallest real estate project.

A contractor can be selected through competitive bidding or interviews (often referred to as negotiated bids), or a combination of both. Many affordable housing projects, utilizing government funds, are required to use the competitive bidding process. This process is expected to result in the project’s being completed at the lowest possible cost because of open and free competition.

If the circumstances and financing allow, the owner may select a contractor through a negotiated bid process or interviews and recommendations and determine the one company most qualified and experienced for the work. To the extent possible, experienced developers often use a single contractor whom they know and trust for all of their development work. The interview process also may be used to select the contractors who will be invited to bid on the project or to select the contractor most suitable for the job after the bidding is complete.

The Owner’s Responsibilities to the Architect and Contractor After a contractor and architect are selected, the owner is responsible to them for a number of tangible and intangible items and duties. Other duties are implied by tradition and experience; all of them are reasonable:

• Funding the construction – The owner does not have to disclose to the Contractor the conditions, arrangements, or agreements that affect the project’s financing. The contractor, on the other hand, has no obligation to begin or continue work if reasonable evidence of funding cannot be shown. A contractor expects payments for work completed and reimbursement for materials purchased, contract expenses, or changes to the work. Establishing and maintaining a well-documented and expeditious payment process is critical to the success of a project. Failure of the owner to manage this payment process can have devastating effects on a project. For example, if a multifamily housing project is planned and is to utilize cost-saving prestressed concrete planks as a structural system, the subcontractor supplying the planks will manufacture them well in advance of the installation date. If project payments are delayed, the supplier may refuse to deliver the planks to the site. If a new floor is not in place, the other trades involved—plumbers, electricians and masons—will also be delayed. This domino effect can easily shut down an entire project.

• Securing surveys and defining easements, rights-of-way, or utility locations – The owner is responsible for obtaining an accurate and up-todate description of the property and of the existing conditions and improvements on the site. A project can be delayed significantly because of an unknown condition on the property, such as the lack of certain utility connections. As in the concrete planks example above, all work can be stopped, at considerable cost, while adjustments are made or plans are redesigned to include this previously unknown condition. Existing surveys should be re-examined for new or unrecorded conditions when a new survey is infeasible. Easements, rights of way, and utility locations can be checked with the municipal entity responsible for recording plats and deeds. The previous owner also should be consulted regarding any conditions that may have been granted but not recorded. The accuracy of these data is important because local laws and contracts often entitle the contractor to additional compensation for delays or work completed based on inaccurate data.

• Securing all necessary approvals from local, state, and federal authorities – Construction plans and specifications must be approved by the local building department, but they represent only the existing and proposed physical building conditions for the site. Additional approvals often are required for affordable housing projects. For example, in urban locations, zoning restrictions may preclude multifamily housing on the selected site or the use of wood frame construction for a three-family dwelling unit. Rural locations may encounter the need for a wetlands approval or specific water rights. The examples of approvals are endless, but the responsibility for obtaining them lies solely with the owner and the owner’s consultants.

An experienced Tooele Utah real estate lawyer, consultants, and other expediters familiar with the local laws are essential in obtaining the necessary authority to proceed with the project.

Providing evidence that any fees, assessments, or charges for use of the site have been paid. These costs are related to access to and use of the site. The owner may have acquired clear title to the property; however, additional costs may be necessary in order to make the property usable. Water and sewer connection fees, tax assessments, waste disposal fees, and temporary utility connection costs all may be required prior to or during construction. The construction contract should state explicitly whether the owner or the contractor is responsible for these costs.

In addition, affordable housing projects often make efficient use of the site for economies of scale. A “tight” site may require additional land on a temporary basis to facilitate construction. Staging areas, storage, parking, or crane access are just a few examples of the needs that may arise during construction. The need for additional space should be apparent to the contractor at a preconstruction site inspection, but the owner is responsible for acquiring the area necessary to accomplish the work proposed. All acquisition costs are the owner’s responsibility.

Tooele Utah Real Estate Lawyer Free Consultation

When you need legal help with a real estate matter in Tooele Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is: Evictions for Landlords. Quiet Title Actions. Boundary Disputes. Clearing Title. Title Disputes. Real Estate Lawsuits. Real Estate Zoning Issues. Real Property Non-Conforming Issues. Real Estate Code Enforcement. And More. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/real-estate-lawyer-tooele-utah/

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Real Estate Lawyer Tooele Utah

An experienced Tooele Utah real estate lawyer can act as the settlement agent in your real estate transaction.

In a real estate sale transaction, the settlement agent searches the records to make sure that no claims against the property have been recorded from the time of the initial search of the records until the time of recording the deed. Then the deed and applicable lender documents are recorded. Once these final steps have been completed, the purchaser has become the insured owner of the property, and the settlement agent distributes the funds collected at settlement in accordance with the details reflected on the settlement statement.

The settlement agent pays not only the seller but also the government, for all taxes and water and sewer fees owed; the real estate agent, for the commission; the lender, for origination and related fees; the settlement agent and title insurance company, for settlement charges and the title insurance premium; and all other parties to whom payments are owed, as reflected on the settlement statement. Sometimes, the settlement agent distributes the funds at the settlement table, before the deed is actually recorded.

The settlement agent can make sure that the requirements for title insurance have been met by recording the deed and searching the records for any new claims since the original title report. Further, by making all disbursements, the settlement agent can make sure that any lienholder whose lien needs to be released of record is paid the agreed amount for the release.

If the amount to cause a release to be recorded or to ensure that property taxes and water and sewer fees have been paid is not known at the time of settlement, the settlement agent can hold in escrow from the seller’s funds an estimated amount to cover such costs when they become known after settlement. Similarly, the settlement agent may hold in escrow funds from the seller to cover incomplete repairs. This type of escrow can benefit the purchaser as well as satisfy the settlement agent’s concerns that a contractor or subcontractor might file a mechanic’s lien against the property, which might become the liability of the title insurance company.

Title Insurance Policy Issues

Because most title insurance companies are national or multistate in scope, the American Land Title Association (ALTA) has set national standards and created form documents that are used across the country. Even though the basic forms are uniform, a wide variety of changes may be made, depending on local custom and practice. Everything from the type of security documents (deeds of trust or mortgages) to when the settlement agent will disburse funds may be different, depending on local circumstances. In addition, significant variations from the standard title insurance policies may be possible upon request by the purchaser or the lender. One type of variation, known as affirmative coverage, provides the purchaser and the lender with title insurance even when encumbrances have been identified as exceptions to the title insurance coverage. Examples of typical exceptions on a title insurance policy include any claims arising from property taxes and water sewer fees incurred after the settlement; discrepancies in boundary lines, which an accurate survey would disclose; covenants and rights of way that affect the property; claims arising out of bankruptcy and creditors’ rights laws; and claims arising from tenants or other parties in possession.

Examples of typical affirmative coverage for these exceptions include language ensuring that the unpaid taxes and water and sewer charges do not constitute liens under local law; language deleting the survey exception by noting the specific discrepancies that are reflected on a survey done for the particular property at issue; and language ensuring that, even though the property is encumbered, violation of a particular covenant will not cause the title to the property to be forfeited or reverted to a former owner. Affirmative coverage will not be routinely provided; it needs to be requested and/or negotiated with the title insurance company or settlement agent.

Lender Requirements

Ultimately, virtually every aspect of the pre-settlement, settlement, and post settlement processes may have to be changed to accommodate the particular and peculiar requirements of the lenders in each transaction. By and large, the purchaser/borrower is not in a position to argue too strenuously with how the lender wants to carry out these processes. Even where local custom and practice call for a particular approach, the lender’s requirements will ultimately control. For example, if the lender wants the borrower to use the lender’s counsel as the settlement agent, there is nothing in RESPA that prevents the lender from requiring the borrower to do so as a condition of obtaining the loan.

Similarly, the lender will decide which type of survey and surveyor’s certificate, as well as which title company and which type of affirmative coverage and exceptions will be acceptable.

The standard construction contract establishes a relationship among the owner, the architect (or designer), and the contractor. Typically, the owner contracts separately with the architect and the contractor and no contractual relationship exists between the architect and the contractor. The owner is the ultimate authority for the project and must coordinate the work of the other parties. The architect translates the owner’s ideas and budget into drawings and supervises construction as the agent of the owner. The contractor builds the project and supervises the work of all subcontractors required for the job. This triumvirate is typical of all construction projects and the relationships established require coordination by the owner in order to avoid conflict.

Most construction projects and most contracts executed between the owner and each of the members of the construction team utilize the standard construction contracts. These standard contracts, often serve as the baseline from which the parties negotiate, deleting certain terms and adding others, as appropriate.

Role of the Owner

The owner is the force behind the project and is seen by the other members of the team as the one party who will benefit most from the successful completion of construction. Typically, the owner will have the greatest financial stake in the project and will assume a correspondingly high risk. One of the owner’s key responsibilities is to select the architect, the contractor, and the construction manager, if appropriate. The owner, in selecting these professionals, must ask:

1. Is the architect capable of developing cost estimates and making day-to-day field decisions that reflect the owner’s goals and aspirations for the project?

2. Does the contractor have the integrity and capability, and sufficient inducement through payments or contractual obligations, to complete the proposed development?

The answers to these questions will determine the selection of both parties and the ultimate success of the project.

General Contractor

Contractors, in general, suffer from very bad press. Nearly everyone has had or has heard of a horror story involving a contractor, on jobs as small as a home repair or as large as construction of a skyscraper. The unfortunate truth is that there are bad contractors. However, new projects are completed every day, and contractors are building them. Knowing what to expect from a contractor is essential to the success of even the smallest real estate project.

A contractor can be selected through competitive bidding or interviews (often referred to as negotiated bids), or a combination of both. Many affordable housing projects, utilizing government funds, are required to use the competitive bidding process. This process is expected to result in the project’s being completed at the lowest possible cost because of open and free competition.

If the circumstances and financing allow, the owner may select a contractor through a negotiated bid process or interviews and recommendations and determine the one company most qualified and experienced for the work. To the extent possible, experienced developers often use a single contractor whom they know and trust for all of their development work. The interview process also may be used to select the contractors who will be invited to bid on the project or to select the contractor most suitable for the job after the bidding is complete.

The Owner’s Responsibilities to the Architect and Contractor After a contractor and architect are selected, the owner is responsible to them for a number of tangible and intangible items and duties. Other duties are implied by tradition and experience; all of them are reasonable:

• Funding the construction – The owner does not have to disclose to the Contractor the conditions, arrangements, or agreements that affect the project’s financing. The contractor, on the other hand, has no obligation to begin or continue work if reasonable evidence of funding cannot be shown. A contractor expects payments for work completed and reimbursement for materials purchased, contract expenses, or changes to the work. Establishing and maintaining a well-documented and expeditious payment process is critical to the success of a project. Failure of the owner to manage this payment process can have devastating effects on a project. For example, if a multifamily housing project is planned and is to utilize cost-saving prestressed concrete planks as a structural system, the subcontractor supplying the planks will manufacture them well in advance of the installation date. If project payments are delayed, the supplier may refuse to deliver the planks to the site. If a new floor is not in place, the other trades involved—plumbers, electricians and masons—will also be delayed. This domino effect can easily shut down an entire project.

• Securing surveys and defining easements, rights-of-way, or utility locations – The owner is responsible for obtaining an accurate and up-todate description of the property and of the existing conditions and improvements on the site. A project can be delayed significantly because of an unknown condition on the property, such as the lack of certain utility connections. As in the concrete planks example above, all work can be stopped, at considerable cost, while adjustments are made or plans are redesigned to include this previously unknown condition. Existing surveys should be re-examined for new or unrecorded conditions when a new survey is infeasible. Easements, rights of way, and utility locations can be checked with the municipal entity responsible for recording plats and deeds. The previous owner also should be consulted regarding any conditions that may have been granted but not recorded. The accuracy of these data is important because local laws and contracts often entitle the contractor to additional compensation for delays or work completed based on inaccurate data.

• Securing all necessary approvals from local, state, and federal authorities – Construction plans and specifications must be approved by the local building department, but they represent only the existing and proposed physical building conditions for the site. Additional approvals often are required for affordable housing projects. For example, in urban locations, zoning restrictions may preclude multifamily housing on the selected site or the use of wood frame construction for a three-family dwelling unit. Rural locations may encounter the need for a wetlands approval or specific water rights. The examples of approvals are endless, but the responsibility for obtaining them lies solely with the owner and the owner’s consultants.

An experienced Tooele Utah real estate lawyer, consultants, and other expediters familiar with the local laws are essential in obtaining the necessary authority to proceed with the project.

Providing evidence that any fees, assessments, or charges for use of the site have been paid. These costs are related to access to and use of the site. The owner may have acquired clear title to the property; however, additional costs may be necessary in order to make the property usable. Water and sewer connection fees, tax assessments, waste disposal fees, and temporary utility connection costs all may be required prior to or during construction. The construction contract should state explicitly whether the owner or the contractor is responsible for these costs.

In addition, affordable housing projects often make efficient use of the site for economies of scale. A “tight” site may require additional land on a temporary basis to facilitate construction. Staging areas, storage, parking, or crane access are just a few examples of the needs that may arise during construction. The need for additional space should be apparent to the contractor at a preconstruction site inspection, but the owner is responsible for acquiring the area necessary to accomplish the work proposed. All acquisition costs are the owner’s responsibility.

Tooele Utah Real Estate Lawyer Free Consultation

When you need legal help with a real estate matter in Tooele Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. Whether it is: Evictions for Landlords. Quiet Title Actions. Boundary Disputes. Clearing Title. Title Disputes. Real Estate Lawsuits. Real Estate Zoning Issues. Real Property Non-Conforming Issues. Real Estate Code Enforcement. And More. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Get Your House Out Of Foreclosure?

Family Lawyer Sandy Utah

Can A Chapter 7 Trustee Sell My House?

Probate Lawyer Lindon Utah

Can I Trademark A Logo On A Shirt?

Can You Date During Legal Separation?

Source: https://www.ascentlawfirm.com/real-estate-lawyer-tooele-utah/