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Using a Force Majeure Clause to Re-Negotiate with Vendors and Landlords in Light of the COVID-19 Pandemic?

In today’s COVID-19 environment, businesses are being told to close their doors and send employees homes.  As such, many business owners are struggling to earn enough revenue to be able to meet their contractual obligations to their vendors, landlords and banks, let alone make payroll. With financial disaster looming for so many businesses, do standard […]

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Beware of Real Estate Contracts

Although more common on the residential side, business owners sometimes sign real estate contracts instead of mortgages as a way to get into the property fast. Real estate contracts may seem ideal for individuals or businesses who aren’t able to purchase property outright. However, before buying through a contract, there are some serious pitfalls to […]

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How To: Personal Asset Protection

Personal asset protection is an important idea, especially when you own, manage or lead a business in today’s litigious society. Unfortunately, no one thing can protect you or your business perfectly under all circumstances. Therefore, it’s important to implement a number of steps to give you coverage to help protect against a variety of circumstances […]

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The Liquidated Damages Clause

When, as a first-year law student, I learned about liquidated damages clauses in my contracts class, I thought they sounded like a magical tool that would prevent anyone from ever getting stiffed in a deal. And to a certain degree, liquidated damages clauses do provide a measure of security. They certainly can be a useful […]

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Contract Tip: What is a Counterpart Clause?

Boilerplate contract terms are often overlooked, and in some cases, this can be dangerous. A counterpart clause is one such often overlooked contract term. While I would hesitate to classify it as “dangerous,” understanding what the clause means and does is helpful in understanding your duties and obligations under the contract. The Counterpart Clause To […]

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Contract Tip: What is an Assignment Clause?

Let’s say that you are planning your wedding reception and you contracted with a particular ice sculptor because of his demonstrated ability to sculpt intricate, life-size ice replicas of the newlywedded couple. A resplendent hypothetical, of course. If that accomplished ice sculptor later wants to outsource his contractual responsibility to another ice sculptor—who does not […]

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Contract Tip: What is Force Majeure?

Contract law is rife with terms of art which can be very confusing to the average business owner. In our previous articles, we have tried to shed some light on terms like Consideration, Indemnity, and Merger. This article will address a term whose definition may not seem intuitive at all, Force Majeure. Hint: If the […]

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Contract Tip: Top 6 Problems in Contracts

No one likes to pay a lawyer, but it’s always good practice for a small business owner or leader to hire an attorney to review contracts before signing them. Even the most basic or simplest of services can turn into a debilitating debate or fight under the right circumstances. There are many problems in contracts, […]

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