Whether you are an individual, a business, or a professional service firm, you need a business lawyer NYC who can negotiate and interpret contracts and other agreements. In our litigious world, it is important that business contracts are properly written. In fact, a well-constructed contract may be the difference between an extended legal dispute and a seamless business relationship. At the Law Offices of David S. Rich, LLC, we use our experience and knowledge to give our clients an advantage in their business ventures.
What Is a Contract?
A contract is simply a binding promise based upon an offer, acceptance, and consideration. When you enter into a business contract, you agree to fulfill certain obligations (such as providing services or prompt payment). If you or the other party do not meet the terms of the contract, you are in breach — and may subsequently be liable for damages. Ideally, a contract is a written document that is thoroughly negotiated by a business lawyer NYC and defines each party’s responsibilities. However, contracts may also be created orally or by a handshake agreement.
NYC Employment, Business, Non-Competition, and Non-Solicitation Contracts
An experienced business lawyer NYC often represents companies, professional service firms, and individuals with business contract issues. Our firm uses its extensive experience in employment and business law to negotiate, review, and litigate the following:
- Executive employment contracts,
- At-will employment clauses,
- Binding arbitration clauses,
- Commission and bonus agreements,
- Domestic worker agreements,
- Severance agreements, waiver, and releases,
- Agreements with temporary employee agencies,
- Contracts for the sale of goods,
- Independent contractor agreements,
- Professional services contracts,
- Supplier contracts,
- Confidentiality agreements,
- Key man agreements,
- Non-compete agreements,
- Non-solicitation agreements, and
- No poaching agreements.
Our goal is to create and enforce contracts that build stronger employee relationships, advance your long-term goals, and protect your business from unfair competition.
Negotiating and Reviewing Contracts
Contract negotiations are a vital part of business development and growth. A well-written contract frames a business relationship, allowing it to thrive. However, a poorly written contract may lead to lost income, lawsuits, and bad publicity. Unfortunately, unrepresented businesses frequently omit important terms and conditions — subsequently leading to unnecessary costs and litigation. A business lawyer NYC can protect your business’ long and short-term goals by negotiating and drafting customized and comprehensive contracts.
Contract review is a necessary part of every negotiation. You should never sign a business or employment contract unless you understand all of its terms and conditions. Contract language can be very technical in addition to being difficult to understand. Without representation, a business or individual may agree to a contract that includes unfair or illegal terms. To avoid this, hire an experienced business lawyer NYC to review your contracts, explain their implications, and help you protect your interests.
At the Law Offices of David S. Rich, LLC, we understand the complexities of doing business in New York City and will therefore work to protect your financial and other interests. With more than 20 years of experience in New York business and contract law, we provide our clients with detailed, strategic, and aggressive representation. We will guide you through the complete process of reviewing and negotiating as well as executing your business agreements.
Important Questions to Ask When Negotiating Contracts
Again, contracts help define your relationships with clients, employees, other companies, and professional service providers. Every contract negotiation should be both thoughtful and strategic. In other words, you and your business lawyer NYC should always consider how the contract advances and protects both your long and short-term interests. Before you sign a business contract, consider the following:
- Are the terms and conditions of the contract clearly set out?
- Does the contract define material breach in addition to the related penalties?
- Does the contract provide sufficient flexibility to enable business growth or address changed circumstances?
- Would you benefit from a binding arbitration clause or choice of law clause?
- Should the contract include a non-compete clause or confidentiality agreement?
- Does the other party’s “boilerplate” language include unfavorable terms that should be changed or removed?
- Does the contract comply with New York’s legal requirements?
- Is the contract consistent with your business’ long and short-term strategies?
- Do you have concerns about the other party’s ability and willingness to fulfill the terms of the contract?
It can be difficult to answer these questions without legal counsel. If you need help evaluating a business or employment contract, contact a business lawyer NYC for assistance as soon as possible. We use our extensive experience in business and employment matters to protect your rights as well as limit potential liability.
Breach of Contract Litigation
A breach of contract occurs when one party refuses to fulfill the terms of a business agreement. Both willful violations and legitimate misunderstandings can lead to a breach. They may involve:
- Failure to provide goods or services,
- Failure to pay for goods or services,
- The failure to meet deadlines or other terms, as well as
- Disagreements over the contract terms and conditions.
If a breach of contract is material or total, the non-breaching party may be entitled to monetary as well as consequential or indirect damages. (Every contract case is different — therefore, an experienced business lawyer NYC can evaluate the strength and value of your specific claim or defense.)
Thankfully, many contract disputes can be resolved without litigation. Before filing a lawsuit, consider alternative forms of dispute resolution (such as mediation or arbitration). If both parties agree to alternative dispute resolution (ADR), you and your lawyers will discuss the dispute and work to find a creative and practical way to resolve the problem. Frequently, a skilled business lawyer NYC can help negotiate a confidential, pre-trial settlement that provides fair compensation while avoiding the costs related to a trial.
If settlement negotiations and dispute resolution are unsuccessful, you may file a breach of contract lawsuit. Under New York law, a breaching party is liable if you can prove the following:
- You entered into an enforceable and binding contract,
- You fulfilled your obligations under the contract,
- The defendant failed to perform, and
- This material breach caused damages.
Protect Yourself With a Business Lawyer NYC
When a breach occurs, it is important to hire experienced legal counsel immediately. Contract cases involve strict filing and procedural deadlines — a missed deadline, for example, may result in the dismissal of your claim. They also require a detailed factual and legal analysis. Most individuals and businesses do not have the legal knowledge needed to properly develop and prepare a contract case for trial. A business lawyer will therefore protect you and your business from costly procedural and legal errors. Furthermore, aggressive representation can reduce your company’s losses and potential liability.
Contact Us Today
Even with well-drafted contracts, business disputes are sometimes inevitable. However, a business lawyer NYC can help you minimize these disputes and avoid prolonged litigation and unnecessary expenses. If you are involved in a contract dispute, your attorney can evaluate your case and provide personalized legal advice, as well as formulate a strategy that suits your goals and needs. Contact the Law Offices of David S. Rich, LLC today.
By carefully preparing business contracts and agreements, the Law Offices of David S. Rich, LLC helps employers and companies operate profitably and protect their interests, as well as to limit potential liability. The Law Offices of David S. Rich, LLC writes, negotiates, and compels performance of contracts which increase a company’s leverage in any scenario. The contracts and agreements which we draw up for employers and businesses include:
Create rewarding relationships with executives and employees
- Executive employment contracts
- At will employment clauses
- Binding arbitration clauses
- Commission and bonus agreements
- Domestic worker agreements
- Severance agreements, waivers, and releases
Draft agreements which fulfill your company goals
- Agreements with temporary employee agencies
- Contracts for the sale of goods
- Independent contractor agreements
- Professional services contracts
- Supplier contracts
Non-Competition and Non-Solicitation Contracts
Prevent employees from stealing clients and unfairly competing
- Confidentiality agreements
- Key man agreements
- Non-compete agreements
- Non-solicitation agreements
- No-poaching agreements
If your company needs a business contract or business agreement, contact the Law Offices of David S. Rich, LLC.
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