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Problems Often Arise if Contract Disputes Go Unresolved

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Friday, July 29, 2016.

California business owners are undoubtedly not strangers to various challenges that arise when the terms of a signed agreement are not honored or another type of disagreement erupts in between signature parties. If left unresolved, a contract dispute can cause lasting and devastating negative effects for business owners and workers alike. In a recent situation in another state, a business relationship that has been in effect for 30 years is coming to an end because of a contract disagreement.

The collaboration between a university research center and a state’s mental health facilities has been functioning for three decades. During that time, researchers say they created a new system for treating those with mental illnesses. In order to implement the plan, the researchers would offer training to mental health workers at many of the state community mental health centers. The recent contract dispute will apparently cause that cooperative effort to cease.

One spokesperson for the state said that changes in the contract were needed to ensure that Medicaid funds used to support the research center’s efforts were being spent appropriately. A research center spokesperson responded by saying that the center could not accept the offer made by the state because of certain provisions in the offer. Reportedly, there was a deadline for contract resolution in place and that has since passed.

Due to the fact that the contract issues were not resolved, the business and community efforts between the two entities will now come to an end. Many people have been laid off from their jobs. The research center is being closed. To avoid similar outcomes, a California business owner may want to act alongside a skilled business attorney who has experience negotiating contract disputes and who has achieved successful results for others.

Source: kmuw.org, “Mental Health Contract Dispute Sparks Criticism Of Brownback Policies“, Jim Mclean, July 13, 2016

Contract Disputes

The Dangers of Trying to Resolve Business Disputes on Your Own

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Tuesday, May 24, 2016.

One of the most common mistakes that small businesses make is trying to resolve disputes on their own. In an effort to save money – and thinking that the issue or conflict will simply go away – many small business owners do not take a proactive approach to dispute resolution.

Disputes don’t just go away. Particularly if the opposing party hires a lawyer of their own. It is critical that you take potential legal issues seriously and work with a trusted business law attorney to resolve the dispute as quickly as possible, protecting your long-term interests.

Here are a few things to keep in mind when faced with the threat of business conflict:

If you are contacted by an attorney of an opposing party, respond only through your own lawyer. Anything that you say in response will be evidentiary. You run the risk of accidentally making a statement that could cost you significantly or misspeaking in a way that can be used against you. Immediately contact your lawyer and only communicate through legal representation.

Be aware of disgruntled employees. If you suspect that an employee is upset for any type of employment law or human resources related matter, immediately seek the counsel of your attorney. You may have made a mistake or error that could result in a lawsuit. A lawyer can help you resolve the matter before it escalates.

Make sure that you understand your contracts and agreements in place.Hopefully you have worked with a skilled business law attorney in advance to create a contractual infrastructure that will protect the business in case of conflict. If you sense that a dispute is coming, review these contracts with your attorney and address any weaknesses immediately.

Do not try to make any under the table agreements. Far too many business owners try to make problems go away by throwing money at them or negotiating foolish agreements on their own. Always seek the guidance of a lawyer before making an agreement. Allow your attorney to conduct prudent negotiations on your behalf.

Remember that mistakes you make during disputes could come back to haunt you. Each decision you make during this period of time is critical and an error could have long-term implications – some could sink the business.

The Law Office of Lynette Ariathurai partners closely with businesses throughout the Bay Area to ensure they make sound decisions and provides strategies that resolve disputes efficiently and in a cost-effective manner. Take conflict seriously and seek trusted legal guidance. Click here for more information.

business disputes, Contract Disputes, employee disputes, partner disputes

How To Resolve a Contract Dispute in California

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Thursday, April 28, 2016.

California is a beautiful state, teeming with businesses of all sorts, from major commercial corporations to small entrepreneurial endeavors. Though business models and effectual productions in each company vary, every business is at risk if a contract dispute arises. It is typically in a company’s best interests to solve each dispute in as swift, fair and economically feasible a fashion as possible.

The Law Office of Lynnette Ariathurai, A Professional Corporation, has successfully represented business and commercial clients throughout the state. Our experienced attorneys understand that a valid signed contract is legally binding. Each agreement carries certain responsibilities and obligations to which all signed parties must adhere.

If you are considering entering into a signed agreement, or you have already signed a contract and are facing legal problems because it has been breached, we can help you determine how to proceed to legally address the issue. Whether your situation involves a service agreement, management or wage issue, or an independently contracted assignment, we can review the contract and clarify the legal terms to help you make informed decisions about obtaining an agreeable solution to the problem. We are also prepared to help business clients draft new plans or contracts to help them avoid possible complications during the process.

A contract dispute can greatly impede the productivity and profitability of your California business. The Law Office of Lynnette Ariathurai, A Professional Corporation, is committed to offering sound legal counsel and effective guidance for all of your contract needs. One of our main goals is to help you accomplish your business objectives at minimal cost.

Contract Disputes, drafting a contract, legal agreements, service agreements

Protect Your Small Business from Disruptive Litigation

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporationposted in Business Formation & Planning on Tuesday, April 26, 2016.

One of the greatest fears that many small business owners have is the potential to be sued. If they have set up the proper legal entities and worked with an attorney to structure their business in a prudent manner, lawsuits and litigation do not mean that the business is at risk of being wiped out.

Lawsuits are dangerous to a business, nonetheless. Studies find that even if the business wins the lawsuit, lawsuits still weigh heavily on the balance sheet. Additionally, litigation diverts the business owner’s time and attention away from operations, developing the business, growing and ultimately making money. In some cases, businesses often adapt their operations and change the way they do business to make up for time and resources lost on the lawsuit.

If there is a threat of a lawsuit, be proactive. Do not wait for the opposing party to take legal action. Contact a skilled business law attorney immediately. If handled proactively, your lawyer can start negotiations and help you avoid going to court.

These are things you need to look for in a business law attorney to protect your business and the toll that a drawn out lawsuit could take:

Choose an attorney who takes the time to understand your business model – Your attorney should be familiar with your day to day operations, your plans for growth, the relationships you rely upon, the relationships you hope to make and your financial situation. The more time your attorney spends becoming familiar with the bones of your business, the more customized the legal solutions can be and the better the outcome of the matter.

Choose an attorney who is not afraid to go to litigation – While the goal is to avoid court, sometimes it becomes unavoidable. Make sure that your lawyer has the experience to handle complex litigation – and is prepared to take the case to court, if necessary.

Choose an attorney who is willing to partner with you – The insight your attorney gains about your company through the course of the lawsuit will be invaluable for years to come. This firm can then partner with you through the future to create the legal structures and policies that will mitigate the risk of future legal battles – and create a foundation for long-term growth.

Attorney Lynnette Ariathurai is trusted by businesses throughout the Fremont area, including Hayward, Union City, Milpitas, Castro Valley, and Newark, CA. She invests the time and resources needed to understand her clients’ businesses from the inside out and provides solutions and strategies for a sound legal foundation that will facilitate growth.

business disputes, Business Formation & Planning, lawsuit, legal partner, litigation

Strategies For Resolving California Business Contract Disputes

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Monday, March 28, 2016.

Running a business is a major undertaking that often involves various legal challenges from time to time. A successful California business owner never wants a contract dispute to get in the way of production or profitability. It is best to resolve such issues as soon as they arise.

Retaining the assistance of an experienced business and commercial law firm is one way to increase one’s chances of achieving positive results regarding contract disagreements. The Law Office of Lynnette Ariathurai, A Professional Corporation helps clients anticipate the full range of possible issues that may arise when seeking legal resolutions to contract problems. Our attorneys are dedicated to helping you accomplish your business objectives and legal goals at minimal cost.

It is crucial that all involved parties have a clear understanding of the legal terms and obligations inherent in a particular contract. The Law Office of Lynnette Ariathurai, A Professional Corporation can help you make certain that you understand all necessary information in order to make informed decisions to resolve a contract dispute. Your business interests are our legal priority, and we will aggressively litigate a contract dispute on your behalf should you determine that such a course of action is needed.

A contract dispute can slow down, if not bring a complete halt to business progress. Any company owner in California who is seeking answers to legal questions can contact our office to schedule a meeting. We are committed to helping you resolve your contract issues as favorably and expeditiously as possible.

contract disagreements, Contract Disputes, legal resolution, strategies

Resolving Contract Dispute Issues in California

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Wednesday, February 10, 2016.

When company owners or their representatives sign agreements with other parties, they are binding themselves to certain responsibilities and obligations contained therein. Contracts are par for the course in business and are typically customizable to suit the needs and goals of those who add their signatures to the agreements. When a contract dispute arises, however, a California company owner may experience immediate adverse effects in a variety of areas that can threaten the very existence of his or her business.

Knowing where to go for legal help to resolve contract issues may be key to obtaining a swift and fair resolution to the problem. The Law Office of Lynnette Ariathurai, A Professional Corporation, serves clients in Fremont and surrounding regions. Our seasoned attorneys have dedicated themselves to helping company owners protect their legal interests and achieve both their short-term and long-term business goals.

It is important that all signatories possess a clear understanding of the legal terms and wording in a contract in order to make certain that everyone involved is aware of their individual obligations. Whether the issues you now face pertain to an independent contractor agreement, technology licenses or nondisclosure issues, we are prepared to help you address the matter. If basic negotiation and mediation is not enough to resolve the situation, we are ready to aggressively litigate the issue on your behalf.

The Law Office of Lynnette Ariathurai, A Professional Corporation, brings keen insight and decades of experience to the table that may increase your chances of obtaining a favorable outcome in court. We can anticipate possible issues that may arise during litigation of your contract dispute and offer guidance as to how address those issues in a way that helps you achieve your business goals. Our California practice is focused on helping you overcome your legal challenges and accomplish your business objectives in a timely manner at minimal cost.

contract attorney, Contract Disputes

Handling the Potential Complications of a Contract Dispute

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Thursday, December 24, 2015.

California business owners know the importance of contracts. Far from just being “pieces of paper,” contracts address business’s ownership, management, services and a host of other issues. Those doing business in the state will want to be prepared for the potential complications that can arise should a contract dispute interrupt productivity.

Every contract creates obligations for those who sign it. Business owners typically want to minimize liability and avoid litigation. Sometimes, however, challenges arise due to a disagreement about the information a contract may contain. It may seem impossible to resolve without legal intervention.

The Law Office of Lynnette Ariathurai, A Professional Corporation, is dedicated to helping clients create contracts that protect their legal and business interests. Every company’s needs are different, and each contract should reflect the unique factors of the company entering the agreement, using clear and simple language that explains each party’s obligations and responsibilities. Our experienced attorneys have offered guidance with regard to many types of contract disputes and are able to assess a situation to help determine the best way to resolve the issues at hand.

Your business issues are our priority, and we are committed to helping you accomplish your objectives in a personalized and cost-effective manner. You can contact The Law Office of Lynnette Ariathurai, A Professional Corporation, by using the form available on our website or calling our Fremont, California office to schedule a consultation. Whether you need assistance in drafting an agreement or reviewing a contract dispute, our business and commercial law attorneys are prepared to act on your behalf to achieve your goals.

contract complications, Contract Disputes, legal guidance

Quick Tips Before Signing a Contract

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Business Formation & Planning on Wednesday, December 16, 2015.

A business contract isn’t just a piece of paper. It’s a document that explains who you are doing business with, what type of business will be conducted and much more.

What is the person’s reputation in the industry? How has the business dealt with past deals? What is their reputation?

Consider the following factors before you sign an agreement:

Read the full agreement. This seems simple. However, all too often individuals sign agreements without reading the terms and conditions. If there is language that seems subjective or unclear, have an attorney review it with you and suggest amendments.
Know who’s involved in the contract. Who does the contract include? What parties will be held liable if there is breach of contract? Be sure the contract clearly identifies all parties.
Be aware of the length of the agreement and how it affects business. Make sure the actual length of the contract is clearly identified within the contract. If the contract is going to be renewed, how will that be handled? If the terms for the length of the contract are unclear, you can have an attorney assist you in making that language clearer.
Know your rights. Know what you are entitled to under the contract and what you are required to deliver. What happens if something goes awry? An attorney can draft terms in a contract to protect you from risks of liability and help you get what you bargained for from the deal.

While you may not consider working with a lawyer for drafting and signing a simple contract, the reality is that a lawyer can help save costs for disputes that could arise in the future. The time and money you spend, upfront, can ultimately be much more cost-effective. Consider how legal contract representation could benefit your situation.

Business Law, Contracts, tips on contracts

Avoid a Contract Dispute Through Drafting a Watertight Agreement

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Thursday, September 17, 2015.

Before embarking on a construction project, having a well-drafted construction contract is vital. There are numerous variables that will have to be addressed to protect a California contractor. Financing, escalation of material prices, dealings with local governments, potential defects and more can have significant financial consequences for the ultimate success of the project and even lead to a contract dispute.

The guidance of an experienced construction contract attorney can be invaluable in drafting the contract and in providing advice with regard to the preparation of the project prior to drafting a contract. The purpose of a construction contract is to assign the rights of each party, as well as delineating responsibilities and duties. A well-drafted agreement can reduce risks of misunderstandings and may prevent expensive litigation at a later date.

The various parties in the contract must be clearly specified, and the scope and pricing of the project must be noted. Furthermore, timelines must be stipulated, along with payments and the retainage portions of payments. If a loan or another type of financing is involved, the details must also be spelled out in the contract.

Regardless of the relationship between the contracting parties, verbal agreements — even covering one small detail — can be detrimental and could even jeopardize the project. There are many additional issues to address to avoid a contract dispute, and the complexity varies according to the scope of the project. California contractors may find comfort in knowing that the services of attorneys who focus on the prudent planning and drafting of construction contracts are available to assist in pursuing the completion of profitable contracts.

Source: msbusiness.com, “COMMERCIAL FINANCE 701 — Construction contracts and risk mitigation“, Sept. 10, 2015

Contract Disputes