Kalled Law Offices, PLLC Kalled Law Offices, PLLC 2026-09-15T11:26:54Z https://www.kalledlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1602641/2021/06/cropped-favicon-32x32.png On Behalf of Kalled Law Offices, PLLC <![CDATA[Can another company’s Part 135 certificate be purchased?]]> https://www.kalledlaw.com/?p=47781 2026-09-03T11:10:42Z 2026-09-15T11:26:54Z The certificate stays with the entity it was issued to You cannot purchase an FAR Part 135 Air Carrier Certificate as a separate asset. However, you can acquire the entity to which the FAA issued it to. That type of transaction involves a stock or membership interest purchase of the entity holding the certificate. This type of transaction retains the FAR Part 135 Air Carrier Certificate in the hands of the legal entity to which it was issued. That company therefore remains the certificate holder. Yet ownership alone does not resolve every regulatory issue. The FAA will review the change of ownership in light of the change in key personnel and organizational capabilities as they relate to the operations specifications, and manuals for operations, training and safety.

Ownership changes require a coordinated transition

The terms and conditions of the agreement for the acquisition normally cover all aspects of the transfer of ownership of the certificate-holding entity. But the FAA will examine whether the new owner can meet operational parameters described in the operations specifications for that certificate. Early contact with the responsible Flight Standards District Office (FSDO) is an essential step in that process.
  • Change of Entity Ownership: You generally buy the certificate-holding entity’s stock or membership interests. The entity remains the certificate holder, but the ownership of that entity has changed. An advantage of this approach avoids the need for applying for a new certificate, which is a process which can take up to a year to complete, and can cost many thousands of dollars to add aircraft types and operational capabilities. A downside to this approach is that any liabilities of the certificate-holding entity come along with the certificate. As a result, liability limitation strategies need to be put into place to protect the buyer to the extent possible.
  • New Control Means New People: The new owners will either have to fulfill the key roles of an FAR Part 135 Air Carrier themselves, or they will have to bring them to the new company. That includes the Director of Operations, Director of Maintenance and Chief Pilot. These key people will have to satisfy the FSDO's scrutiny, and demonstrate that they have the depth of education, training and experience to fulfill those roles in light of the operations specifications of the certificate.
  • New Plans Bring New Reviews: If the new owner plans a new base, or new aircraft types, or expanded geographic or over-water operations, these changes will increase the scope of FAA scrutiny. Any changes sought in the operations specifications will require an amendment to the company ops specs by the supervising FSDO, and these changes may affect your planned closing date and the start of new flight operations.

How careful preparation can preserve deal value

The acquisition of an existing FAR Part 135 Air Carrier Certificate generally combines the customary due diligence associated with any capital transaction along with FAR Part 135 compliance and FAA oversight. Your deal terms and operational plans must therefore take into account the time and requirements which will likely be imposed by the supervising FSDO. An experienced aviation attorney can help you navigate this process to disclose all likely contractual and regulatory requirements and to maximize the value of your deal. Having informed, realistic expectations early in the process helps to develop mutually favorable closing terms.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[Breach of Contract: Material vs. Minor, What’s the Difference?]]> https://www.kalledlaw.com/?p=47779 2026-09-03T19:40:53Z 2026-09-10T09:48:23Z When a business relationship falls apart, which is documented with a written contract signed by the parties, New Hampshire law doesn't treat each broken promise the same way. The key question is whether the dispute is over a primary, central aspect of the agreement, or whether it is a peripheral matter which is related to, but not central to the core purposes of the agreement? The answer shapes the nature and scope of any civil action which may follow, as well as the form of relief which you can seek. It also affects how you might approach a settlement of the dispute without judicial intervention. 

What a material breach looks like

A material breach defeats the primary, central purpose of the contract. Imagine a contractor who promises a finished kitchen by June but delivers a half-built shell in September. That level of poor performance robs the homeowner not only a June delivery, but also denies them a workmanlike quality of completion. That violates the core value of the agreement. In that case, the homeowner would be entitled to money damages for at least the value of what was agreed to but not delivered. New Hampshire, courts look at factors like the extent of the harm, whether the breaching party acted in good faith and how much benefit the injured party still received.

What a minor breach looks like

A minor breach, sometimes called a partial breach, doesn't destroy the contract's core value. Imagine a supplier who delivers goods a day late but otherwise meets every other term of the agreement. Unless the agreement expressly makes the exact time and date of delivery a material provision of the contract, the buyer still gets what they bargained for, just with a small inconvenience of a day later delivery.

Why New Hampshire courts weigh the difference

New Hampshire follows general contract principles that many other states use, drawing heavily on the Restatement (Second) of Contracts. Judges examine intent, harm and the practical impact on both parties. This analysis determines whether the non-breaching party can walk away from the contract entirely or must keep performing while seeking damages.

How the distinction affects remedies

A material breach lets the injured party terminate the contract and sue for full damages. A minor breach limits the injured party to damages alone; they must still perform their own obligations. Choosing the wrong path can backfire. If you cancel a contract over what a court later calls a minor breach, you risk becoming the breaching party yourself, and liable to whatever money damages you cause to the other party.

What businesses should do next

Before you walk away from a contract or file suit, talk to a New Hampshire attorney. They can assess the breach's severity, calculate your potential damages and help you avoid costly missteps in litigation, including what opportunities exist to avoid a lawsuit altogether.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[Fractional vs. sole aircraft ownership: Legal considerations]]> https://www.kalledlaw.com/?p=47776 2026-08-03T10:22:20Z 2026-08-13T10:21:35Z How the ownership models differ With sole ownership, one person or business owns the aircraft. That owner controls scheduling, maintenance and future transfers. The owner also takes on the legal duties that come with owning the aircraft. With fractional ownership, several people own shares in the same aircraft under written agreements. A management company may handle scheduling, maintenance and other daily operations, while the agreements define each owner's role and duties.

Key legal differences

Although both ownership models provide access to a private aircraft, they differ in several legal areas, including:
  • Federal Aviation Administration (FAA) duties: A management company may perform certain tasks. The contracts assign those duties.
  • Insurance: Coverage depends on who has the right to use the aircraft.
  • Aircraft access: A sole owner controls scheduling. Shared owners follow the access rules in their contracts.
  • Transfers: Shared ownership contracts may limit transfers or require approval before a sale.
Together, these differences show how each ownership model extends beyond the initial purchase and influences the ownership experience over time.

Looking at the full ownership picture

The ownership model you choose affects more than the transaction itself. It also shapes how the aircraft will be managed, how owners divide responsibilities and how the ownership arrangement works over time. Understanding those differences can make it easier to compare sole and fractional ownership. It also provides a broader view of what each ownership model involves beyond acquiring an interest in the aircraft.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[Importing foreign registered aircraft: Pros and cons.]]> https://www.kalledlaw.com/?p=47775 2026-07-13T22:42:54Z 2026-07-09T08:08:06Z Federal registration and import protocols Under federal law, American Citizens must register any aircraft they operate within the United States with the Federal Aviation Administration (FAA) Aircraft Registration Branch. To import a foreign registered aircraft, you must first "de-register" the aircraft from the foreign country's civil aviation registry. You will need an official statement from that country's aviation authority confirming the completed "deregistration." Without that, the FAA will not process your application for US registration. The airframe and engine logs must be in the English Language, and the maintenance records and part tags must be in compliance with the Federal Aviation Regulations. You will need to prepare and file an application for registration with proof of ownership to meet the FAA's eligibility requirements. If you are not a U.S. citizen, your only alternative is to apply for registration through a noncitizen trust or voting trust service approved by the agency. The FAA does prioritize the processing of importation cases, but processing still takes several weeks. Unlike standard domestic transactions, federal regulations prohibit operating an imported aircraft on temporary authority while your application is pending.

Customs risks and tax obligations

Bringing an aircraft into the country triggers strict entry requirements enforced by U.S. Customs and Border Protection (CBP). You need to declare the vehicle, submit invoices and transport records and clear it through an official port of entry. All of this must be arranged in advance so that on the date of transport into the country, everything goes smoothly. Furthermore, under international trade agreements, many civil airplanes enter the country free of import duties, provided you file for the correct exemption with customs. But even with this, other standard charges may apply. For example, CBP may assess administrative processing fees at entry, and federal excise taxes apply once the aircraft enters service.

Airworthiness gaps and compliance barriers

A foreign aircraft may hold a valid certificate in its home country and still fall short of FAA standards. Any imported aircraft has to conform to the type certificate issued to that aircraft by the FAA, and be in safe operating condition before it can receive a domestic airworthiness certificate. If the exporting country holds a bilateral safety agreement with the U.S., the path may be smoother. The foreign authority can issue an export certificate of airworthiness, and the FAA will often accept it after conducting its own review.  When no such agreement exists, or if the aircraft was modified abroad, the process is more complex. You may need to reverse foreign changes, replace nonconforming parts or undergo an inspection equal to a 100-hour review, all of which add cost and delay.

Transaction structure and legal safeguards

An overseas aircraft purchase carries risks which can be avoided with careful planning. A prepurchase inspection by a qualified U.S. technician or engineer familiar with the make and model is one of the most important steps for identifying issues before you close the deal. A thorough title search is equally important. Because the FAA registry only tracks U.S. aircraft, you engage a Title service to check the exporting country’s aviation registry and the International Registry (Cape Town Treaty) to verify that no foreign liens, mortgages or hidden debts follow the plane home. Escrow services add another layer of protection which you should engage to holding funds until acceptance, approvals, inspections and filings are complete. This is especially valuable when the seller operates under a different legal system in which disputes are more difficult and more expensive to resolve. With experienced legal and technical talent at your side who can plan for and guide you through each step of the process will make your foreign registered aircraft purchase a successful transaction.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[What are the requirements for a Part 135 certificate?]]> https://www.kalledlaw.com/?p=47770 2026-06-04T12:07:04Z 2026-06-16T12:06:12Z The reach of Part 135 certification Part 135 is the set of federal rules that govern commuter airlines and on-demand air carriers. If you plan to fly passengers or cargo for pay using smaller planes or rotorcraft, this certificate is what allows you to do so legally. There are two types of authority under Part 135. Commuter authority applies to non-turbojet planes with nine or fewer seats or rotorcraft on set routes, while on-demand authority covers planes with up to 30 seats or rotorcraft flying charter trips. The FAA also issues certificates based on the size of your operation. A Single-Pilot certificate restricts operations to one named pilot but places no limit on the number of aircraft. A Single Pilot in Command certificate expands on this by allowing one pilot to command a small crew. Finally, a Basic certificate permits the use of up to five pilots and five aircraft.

Federal benchmarks for eligibility

The FAA reviews the following before granting a Part 135 certificate:
  • U.S. citizenship: Individual applicants require U.S. citizenship. Corporate entities need a U.S. citizen president, a board with at least two-thirds citizens and 75% domestic voting interest.
  • Exclusive aircraft use: Operators must own or lease at least one airworthy, registered aircraft for at least six months after certification.
  • Required management: Standard certificate holders need to appoint a qualified director of operations, chief pilot and director of maintenance.
  • Compliance manuals: The process entails submitting a General Operations Manual and, depending on aircraft size, a General Maintenance Manual.
  • Safety and training programs: The FAA mandates approved crew training, a drug and alcohol testing program and a hazmat plan, even if you do not plan to carry hazardous materials.
  • Insurance and Department of Transportation (DOT) authority: Interstate carriers must secure DOT economic authority and file proof of accident liability insurance.
Gaps in any one of these areas can slow down or stall your progress through the approval process.

State-level nuances in New Hampshire

New Hampshire does not have its own Flight Standards District Office. The Portland, Maine office handles aviation certification for the state, so you will work with an out-of-state office from start to finish. Building a solid working relationship with that office early on can be helpful as your case moves forward. The state does have its own aircraft registration laws that are separate from FAA requirements. Under these laws, all aircraft owned by state residents or businesses must be registered each year with the Bureau of Aeronautics, whether or not the aircraft is airworthy or stored in the state. This applies within 10 days of a purchase.

Stages of the approval process

The FAA uses a five-phase system with three gates that you must pass through in order. The stages move from a pre-application inquiry through formal document review, manual and program checks, proving tests and finally certificate issuance. If your operation involves turbojet aircraft or requires two pilots, you should expect to complete at least 25 hours of proving tests that mimic full revenue flights.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[What can you expect in a civil action?]]> https://www.kalledlaw.com/?p=47768 2026-06-04T13:25:59Z 2026-06-04T13:25:59Z The initial pleadings stage When a person with a claim--referred to as the Plaintiff--begins an action in court, they do so by filing a Complaint. This document describes in detail the allegations, claims, legal basis for the lawsuit and the requests for judicial relief. Once the opposing party--referred to as the Defendant--is served with the Complaint, they receive a Summons which includes a specific timeframe for them to file a response--referred to as an Answer--typically 30 days under New Hampshire Court Rules. Once a Plaintiff has filed their case, and the Defendant files their Answer or a motion to dismiss in response, this exchange of documents establishes the parameters of the case and identifies the key issues in dispute.

Discovery and evidence gathering

Discovery is the phase of the case in which both parties exchange information and gather evidence. This process involves providing documents, answering written questions and participating in depositions where sworn testimony is given outside of court.  During this process, parties are often required to produce business and financial records, transaction documents or other records relevant to the case. This process can take several months, depending on the complexity of your case. One or more of the parties may also hire an expert witness in their case to conduct testing or analysis, and give testimony in deposition and in court. Expert opinions to be offered at trial are also exchanged during the discovery process.

Mandatory mediation and settlement talks

Before a dispute can proceed to trial, New Hampshire court rules mandate that the parties participate in some form of alternative dispute resolution. Most often, this involves mediation. This process requires both parties to meet with a third-party mediator and make a good faith effort to reach a settlement. Although reaching a settlement is not a requirement of mediation, the process provides an opportunity for cases to settle through negotiation. Parties to a lawsuit may participate in settlement discussions at any point in the process, not just during mediation. If the parties do reach an agreement, the case is concluded, saving each party the expense and stress of proceeding to trial. However, if a settlement is not possible, the case proceeds to trial where a judge or jury makes the final decision.

Trial and resolution

When a case goes to trial, both sides present their overview of the case, the evidence which supports their case, and their final argument in support of their requests for relief.  Depending on the type of case being tried, it may be presented to a judge or a jury. During trial, each party has the opportunity to present their testimony and the testimony of their witnesses, as well as other evidence which supports their claims or defenses. Ideally, they do that with an experienced trial attorney at their side who presents their client's case and cross-examines the opposing party and their witnesses. Knowledge of the law, the rules of civil procedure, and the rules of evidence are critical to a successful trial. After hearing all evidence, the judge or jury renders a decision, referred to as a verdict. If either party is unhappy with the verdict, they may seek appellate review of the decision based only upon errors of law which they believe occurred during the trial. The appeal is heard at the state Supreme Court which reviews the trial record for any errors of law resulting from either party's presentation of evidence or argument, or any rulings of the trial judge.

Facing a civil dispute

Understanding the civil litigation process is an important first step toward deciding how to best to resolve a dispute. A civil action, depending on its complexity, can extend over months or years of extensive activity. In cases which involve complexity beyond the knowledge and experience of ordinary people, it is prudent to retain the help of a knowledgeable and experienced trial attorney as early as possible to evaluate your case, and determine the best most effective path to achieve a desired outcome.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[3 key differences between a dry lease and a wet lease agreement]]> https://www.kalledlaw.com/?p=47767 2026-05-06T14:16:19Z 2026-05-18T14:14:52Z When your family operates an aircraft, one of the first distinctions you will encounter is the difference between a dry lease and a wet lease. The choice affects more than the cost. It shapes who controls the aircraft, how the Federal Aviation Administration (FAA) classifies the operation and where legal responsibility rests. Under 14 CFR, the federal regulations that govern aviation, the FAA treats these two arrangements very differently.

Who actually controls the aircraft

In a dry lease, you take full operational control of the aircraft. That means your business handles the crew, dispatch decisions and flight operations. In a wet lease, the lessor retains control and provides a flight crew. Operational control is a defined term under federal law, and it determines who is accountable to the FAA. Knowing which party holds that role helps you understand your business's regulatory obligations.

How the FAA classifies the operation itself

A dry lease typically allows your business to operate the aircraft under its own certificate, whether commercial or noncommercial. A wet lease often triggers Part 135, which applies stricter standards to commercial operators. The FAA's truth-in-leasing rule requires you to file certain leases for large aircraft directly with the agency within 24 hours. That step is easy to overlook when you are new to aircraft ownership. Misclassifying the operation can create serious regulatory exposure for your family's business.

Where financial responsibility actually lands

In a dry lease, your business takes responsibility for maintenance, airworthiness and insurance for the full term of the agreement. In a wet lease, those obligations typically stay with the lessor. The contract language determines exactly where liability rests. Under federal law, someone must always be accountable for ensuring the aircraft meets FAA airworthiness standards regardless of lease type. The lease agreement defines who that is.

The right structure for your business operation

The lease type your business uses is a foundational decision, not a formality. It shapes your regulatory standing with the FAA, your financial exposure and how the operation runs day to day. Federal regulations govern these agreements no matter where your family’s business bases the aircraft. Legal counsel can help you evaluate which structure fits the operation and review the agreement language before signing. Getting the structure right from the start protects both the investment and the business.]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[Can you legally challenge a New Hampshire town zoning decision?]]> https://www.kalledlaw.com/?p=47763 2026-04-07T14:07:03Z 2026-04-17T14:05:55Z New Hampshire property owners often face hurdles when local boards deny building permits or change land use rules. You have the legal right to challenge a town zoning decision. New Hampshire law sets a strict roadmap that requires timing and clear evidence to win.

Select the proper appeal route

The nature of your dispute determines where you file your appeal. You must go to the Zoning Board of Adjustment (ZBA) when you dispute how a board interprets an existing rule. For other planning board matters, you can bring your case to the New Hampshire Housing Appeals Board or the Superior Court.

File a mandatory rehearing request

You cannot jump straight to a judge. New Hampshire law requires you to file a motion for a rehearing within 30 days of the decision. This step gives the local board a chance to correct its own errors. If you skip this step, the court will likely dismiss your case immediately.

Contest restrictive new ordinances

Towns sometimes pass new rules that strip your land of its value. You can challenge these restrictive ordinances if the change makes your property practically useless. Proving that a rule creates an unfair burden requires strong evidence and a deep understanding of state law.

Recognize the limits of change

Challenging a town for denying a request for new zoning is much harder. Courts generally grant towns broad power to maintain their current character. Unless you can prove the town acted with gross negligence or bad faith, these decisions almost always stand.

Secure your property interests

Zoning battles involve rigid deadlines and high financial stakes. A single missed filing or a weak argument can end your project forever. You need a trial-ready advocate who understands the local landscape to protect your investment.  ]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[Does your planned aircraft purchase address “hidden” liens?]]> https://www.kalledlaw.com/?p=47758 2026-03-17T18:03:05Z 2026-03-20T10:30:08Z Purchasing a private aircraft requires more than a mechanical inspection. Many buyers focus on the engine but ignore the legal debts that follow the tail number. Hidden liens create massive financial risks that can ground your investment before the first flight.

Unseen claims and their consequences

Hidden liens represent legal claims against an aircraft that do not appear on FAA title reports. These debts transfer to you during the sale and lead to expensive disputes.
  • Mechanic’s Liens: Repair shops file these under RSA 450:1 for unpaid labor or parts.
  • Tax Liens: State or federal agencies claim the asset when owners fail to pay taxes.
  • Artisan Liens: Hangar owners secure these for unpaid storage or maintenance fees.
  • Possessory Liens: A party holding the aircraft physically may refuse delivery until they receive full payment.
If you overlook these debts, you inherit the responsibility to pay them. You might also face a sudden repossession from a creditor you never knew.

Safeguarding your aviation assets

A thorough title search through the FAA Registry provides your first layer of protection. Because owners do not always record liens at the federal level, you must also investigate state-level UCC filings. Smart buyers demand a "lien-free" warranty in the bill of sale and purchase title insurance. This insurance provides a vital safety net if a surprise creditor emerges after you close the deal.

Seeking legal support

Dealing with the complex intersection of federal aviation law and New Hampshire statutes requires a sharp eye. A skilled attorney understands the nuances of aircraft titles and can help you avoid catastrophic financial traps. They can ensure every document protects your ownership rights and confirm that no ghosts haunt your new cockpit.  ]]> On Behalf of Kalled Law Offices, PLLC <![CDATA[To File or Not To File: Civil Claims in New Hampshire]]> https://www.kalledlaw.com/?p=47743 2026-02-06T14:26:22Z 2026-02-06T14:26:22Z Making the decision to pursue a civil action in New Hampshire can feel intimidating. Ideally, you make that decision with the representation of experienced trial counsel at your side. But even with that assistance, identifying and satisfying threshold rules of law, and collecting key items and pieces of information can make the process much less challenging. Whether you are dealing with a dispute over a contract, boundary line, estate, personal injury or property damage, an important first step is collecting the evidence which supports your case. Having clear, organized records and a detailed timeline of events can help you meet the preponderance-of-the-evidence standard of proof which applies in most civil actions. This standard means you must prove that your version of the facts is more likely true than the opposing party's version.

Duties, Deadlines & Documents

One of the key rules under New Hampshire law is the filing deadline, commonly known as the statute of limitations. In most civil causes of action, you have just three years from the date on which the incident occurred to file your action in court. Exceptions may apply for certain other statutory claims.  If you miss this deadline, the court will likely dismiss your case regardless of your proof. If your claim is serious enough to justify your time, effort and money, start by being diligent. Challenges which are unfamiliar or feel overwhelming often make people procrastinate. Avoid that temptation. Be proactive and begin collecting your paper trail. Physical evidence and documentation are very strong items of proof in a court of law. These items often include:
  • Contracts or Other Memoranda: Any signed agreements.
  • Financial Records: Receipts, invoices and bank statements showing money owed.
  • Articles of Property or Samples of Materials: Some cases can turn on the existence or condition of certain objects or samples.
  • Communications: Printed copies of emails, text messages and letters.
  • Official or Professional Reports: Police, Fire, EMS reports, government records, photos of property damage and professional reports.
Keep copies of all documents and information in one place so you can find them quickly when questions come up. Organize and label each item of evidence with dates to help show a clear timeline of events.

Witnesses & Testimony

Most witnesses who are important to your case are the people who were there when the events which form the basis of your lawsuit took place. Written witness statements from these people can be helpful in pretrial negotiations, but if the case does not settle before trial, then your witnesses will have to appear in court and give live or videotaped testimony.  In a courtroom trial before a Judge or Jury, New Hampshire's Rules of Evidence apply, and they limit what information is admitted into evidence. Only that information which is deemed reliable and probative by the Judge will be admitted. For these reasons, your witnesses must appear in person to tell the court what they saw, heard and know. 

Photographic & Graphic Evidence

Clear photos, diagrams and videos can be powerful tools of persuasion. They provide a visual presentation of objects, events, or the condition of people or objects at times which are central to your case. Diagrams created by either lay or expert witnesses can convey complex information in clear terms for the Judge or Jury to examine.  A record of the dates, times and people who created this evidence should be collected and preserved.

Conclusion

The decision to file a civil action is a commitment to yourself or your loved ones to seek justice. The New Hampshire Judicial System has created a highly developed system and process in which people can pursue their civil claims. Once you decide you will make that commitment, gathering your evidence early will make the process easier to accomplish. Having an experienced New Hampshire trial attorney at your side will help you navigate the laws and rules which apply to your case, and will apply the art and skills of presentation when it comes time to try your case in court.]]>