“Arbitration and Mediation for Architects” Seminar – December 7, 2011

By Gary L. Cole AIA, Esq.

Gary L. Cole AIA, Esq., attorney & architect, arbitrator & mediator, will present “Arbitration and Mediation for Architects” on December 7, 2011, in Wheaton, Illinois, as a part of an all-day continuing education seminar for architects titled:  “Legal Issues for Illinois Architects.”

For more information about Mr. Cole’s seminar and other legal issues for architects continuing education presentations:  https://www.halfmoonseminars.com/files/2138-11409B.pdf

 

Historic Preservation Tax Credits Overview – A Practical Approach

By Gary L. Cole AIA, ALA, Esq.

     The attached downloadable PDF is a summary of a one-hour presentation made by Gary L. Cole AIA, ALA, Esq. to students of the School of the Art Institute of Chicago’s Graduate Historic Preservation Program as a part of their Historic Preservation Law course that provided an overview of the federal Historic Preservation Tax Credit Program.

[NOTE:  The attached PDF is informational only and should never be construed as legal or business advice.  Readers should always consult their legal or business professionals for specific advice and information.]  

© Copyright Gary L. Cole AIA, ALA, Esq. 2011

Beyond Historic Tax Credits: Treasure Hunting for Historic and Non-Historic Rehab Financial Incentives

By Gary L. Cole AIA, ALA, Esq. 
 
      [Author’s Note:  The following lecture was presented on October 22, 2010 at the 2010 Traditional Building Exhibition and Conference in Chicago.  Fair warning – it’s a bit longer than most LawArk posts.  I’d originally intended to post it in parts, but instead, have decided to post the whole thing at once and also provide it as a PDF that can be downloaded by clicking here – to be chewed in bite-sized chunks at any reader’s leisure. 
 
     And, as alwaysNothing in the following article should be construed as legal or business advice.  Readers should always consult their legal or business professionals for specific advice and information.]  
 
      Gary L. Cole AIA, ALA, Esq. http://www.lawarkbuilding.com/ is Chicago-based Illinois and Florida-licensed attorney and Illinois-licensed architect.  He practices design & construction law, real estate law, preservation law and accessibility law, is an arbitrator with the American Arbitration Association’s Construction Division, and is a Certified Mediator and on the roster of Mediators for the Association of Licensed Architects.  He can be contacted at garycole@lawarkbuilding.com. 
 
The following is a bullet-point summary of the lecture’s main points:
 
▪  A wide range of historic and non-historic  incentives benefitting a property owner’s federal income taxes, property taxes, project equity requirements – far beyond those typically promoted by government historic preservation entities and preservation not-for-profits – may be available for historic rehabilitation projects.
 ▪  Development incentives that are not specifically intended for historic redevelopment may be available to historic rehabilitation projects. 
▪  A comprehensive approach for discovering incentives available for historic rehabilitation projects should include a methodology for researching and analyzing both historic and non-historic incentives. 
 ▪  The tools for discovering incentives are available to anyone. 
 ▪  This lecture used the metaphor of “treasure hunting” to illustrate how to research and discover development financial incentives for historic rehabilitation as a way to frame the exercise in a more interesting way – hopefully.  
 

Beyond Historic Tax Credits:  Treasure Hunting for Historic and Non-Historic Rehab Financial Incentives

 By Gary L. Cole AIA, ALA, Esq.

     Introduction:  I’d like to thank everyone for coming here today.  My name is Gary Cole, and I’m an Illinois-licensed architect, and an Illinois and Florida-licensed attorney.  I received a Bachelor of Architecture degree from the University of Illinois in Chicago in 1988, and a Master of Architecture degree, in its Historic Preservation option, from the Universe Illinois and Champaign-Urbana in 1992.  Following graduation, I became an historical architect with the Illinois Historic Preservation Agency, during which I helped administer various historic rehab tax benefit programs, supported the National Register program, provided technical assistance in connection with state and federal preservation regulatory laws, and also worked with the National Trust and FEMA during the 1993 Mississippi floods.  Also in 1993, I became Read the rest of this entry »

Mediation and Arbitration 101 for Architects, Engineers & Contractors

     By Gary L. Cole AIA, ALA, Esq.

     [Gary L. Cole AIA, ALA, Esq. is Chicago-based Illinois and Florida-licensed attorney and Illinois-licensed architect.  He practices design & construction law, real estate law, historic preservation law and accessibility law.  He is also a Certified Mediator and on the roster of Mediators for the Association of Licensed Architects, and is a member of the Roster of Neutrals for the American Arbitration Association’s Construction Division.  He can be contacted at garycole@lawarkbuilding.com]

     [Author’s note:  Nothing in the following article should be construed as legal or business opinions or advice.  Readers should always consult their legal or business professionals for specific advice and information.]

     NOTE:  The following article can be downloaded in its entirety by clicking here.

      With civil litigation’s rising costs, mediation and arbitration are growing in popularity as potentially quicker and more cost-effective alternative dispute resolution forums.  Architects, engineers and contractors who incorporate well-considered mediation and arbitration clauses into their contracts and service agreements may have an advantage over those who don’t, and, who later find themselves embroiled in costly and protracted litigation.

Mediation and arbitration, however, differ fundamentally in their approaches and some conflicts may be better resolved in one forum over the other.

Mediation Basics 

      Broadly speaking, mediation is a more informal dispute resolution process than arbitration in which a neutral party – a mediator – assists two or more parties in reaching a negotiated settlement on their own.

Mediation is private, confidential and generally non-binding; unless a settlement agreement is entered into by the disputing parties.  Many contracts, especially design and construction agreements, contain requirements that parties attempt to resolve any disputes through mediation as a prerequisite to pursing arbitration and/or litigation.

Mediation can occur though a process known as facilitative mediation, in which parties propose their own solutions and a mediator serves more to facilitate Read the rest of this entry »

Corvettes and the National Register: A Landmark in Your Garage?

     [Note from Gary L. Cole AIA, ALA, Esq.:  Government-sponsored Historic Preservation as a movement is nearing the half-century mark, and though it’s done its job well, it’s also due for fresh ideas and thought leadership.  Actually, it’s in need of a substantial 21st century overhaul: one that shifts it from government as a strict regulator of private preservation activities, to more of a public-private partnership with government as a learned mentor and advisor to private capital investors – those who take 100% of the risk in any historic rehabilitation project.

     Accordingly, this article looks at the National Register of Historic Places landmarking process as a tool for encouraging the preservation of not simply buildings and other fixed icons of American culture – but mobile ones as well.] 

  

Stephen A. Thompson

Stephen A. Thompson is a guest author on Lawark and a unique historic preservation professional who has been involved with more than 10,000 historic preservation regulatory and landmarking matters.  He’s an Illinois-based cultural resource consultant focusing on the management and development of historic properties.  Through full-time positions within historic preservation and environmental sections of the National Park Service, the Illinois State Historic Preservation Agency and the U.S. Department of Defense, Mr. Thompson has gained unique insight in the legal, procedural and budgetary planning aspects of cultural resource management.  Thompson is a student of post-Napoleonic military history and is an enthusiastic participant in battlefield archaeological documentation and interpretation programs. 

     His CV can be viewed and downloaded HERE and he can be contacted directly at skthompson@mchsi.com.

 

     By Stephen A. Thompson

1963 Chevrolet Corvette

When the idiom “historic landmark” comes to mind, some envision a grand piece of architecture regaled for its innovative aesthetic design or classical presentation.  Others may visualize the landscape remains of some archaic civilization.  Generally, historic landmarks are defined by entities advocating preservation as properties associated with human activity.  Buildings, structures, objects and landscape sites exhibiting significance, integrity and meeting minimum age requirements can easily fall into the landmark category.

But what of the mobile mechanisms of society, those marvels of engineering without which the State of Mankind would be differently structured?  Those ships, planes, trains, trucks, motorcycles, automobiles and their derivatives?

1960 Harley Sportster

Actually, a few ships, locomotives, rolling stock and aircraft have been listed on the National Register of Historic Places or designated National Historic Landmarks.  But where are the automobiles?  We’ve given landmark status to auto-related resources, like highway corridors, race tracks, manufacturing plants, shopping centers, drive-in restaurants and the like.  Surely, some of the motor transport vehicles so crucial to the contexts of U.S. societal development, industry and recreation are worthy of landmark status.  What about a Ford Model T?  What about a Harley-Davidson Sportster?  What about a Willys Jeep?

And what about a Chevrolet Corvette?

Memorialized in song, film and literature, the Chevrolet Corvette has achieved iconic status in the social conscious of the American public.  It doesn’t matter, within the realm of current, bubble-designed, consumer automotive offerings, whether you are Read the rest of this entry »