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761 Main Street
P. O. Box 160
West Barnstable, MA 02668


(508) 362-1369 Phone
(508) 362-1368 Fax
(508) 228-0207 Nantucket

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Real Estate and Land Use

Real Estate and Land Use Real estate and land use law includes closings for purchases, sales and loans of real property; land use planning and zoning issues, including comprehensive permits, practice before local planning board and zoning boards of appeal, practice before the Cape Cod Commission, practice before local conservation commissions, and land development. Attorney Mitchell represents individuals, owners, businesses, contractors, lenders, buyers and sellers as each endeavors to enter into a business relationship with another, whether that be to buy, sell, build, develop, renovate, borrow, loan, hire a contractor or others in the trade, lease, rent, or enter into a contract. Real Estate is a business for some, a home for others, an investment for others, or a place that houses a business for still others. Whatever ones relationship, real estate has an enormous impact on each of our lives. As a transactional attorney, Attorney Mitchell understands this impact and considers her work to be that of pursuing her clients’ goals to a successful conclusion.

 

Construction Law

Construction law is the law surrounding construction and renovation projects. Construction law includes the following areas: contracts—between owners and architects, owners and design/build firms, owners and contractors, contractors and subcontractors, contractors and suppliers; set price contracts, cost plus contracts, not-to-exceed contracts; bidding, pricing and estimating issues; substantial and final completion; delays, performance and payment claims; mechanics liens; payment and performance bonds; warranty claims; damages; punch lists; risk allocation; and preventing and resolving claims and disputes. Attorney Mitchell is a transactional attorney and is very skilled at working with clients who wish to build or renovate their homes or commercial offices, whether the client is the owner or the builder, contractor, subcontractor or supplier. She holds to the tenet that the majority of problems occurring during a construction project is a result of poor communication. She willingly has assumed the role of owner’s representative throughout high-end projects and encourages clients to “partner” with the other parties in a construction project. Partnering assumes the development of a cooperative management team that includes owner, contractor, subs, design team and any other key players. The results of a successful construction project should be a win-win for all parties. Kate practices proactively advising clients on the practical aspects of the construction process and stressing that the best dispute resolution is dispute prevention. Communication and shared responsibility for that communication is crucial. Many times Attorney Mitchell is consulted only after a project is in serious trouble. If a project is already in trouble, she reviews the project in detail, discusses options with her client, makes recommendations and pursues resolution on behalf of her client. In most instances, she will encourage resolution through negotiation, mediation or arbitration.




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