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Blog

March 1, 2020

Contracts are Strategic Business Tools

A written business contract can be a strategic tool for a business owner in many different ways. These legal documents support the company’s decisions and can protect the business and its owners from liability. The contract clearly outlines expectations that all parties have mutually agreed upon. This helps to avoid misunderstandings in dealings with other companies and outside vendors. A contract can identify the price and quantity of products or services being exchanged. This can be beneficial to the company because the agreed upon monetary figure will have been negotiated and accepted. The contract locks in a price which cannot be changed without notice. This can help a business stay within budget.

Business contracts can help a company focus on achieving objectives. Because a contract clearly lays out the position of the company, it is not open to interpretation. This can help avoid misunderstandings within the same company. The terms and conditions of the contract must be fulfilled, and the full scope of work rendered in the manner identified in the contract. This can be a strategic advantage for the company as it is focused in a certain direction.

February 15, 2020

The Importance of a Partnership Agreement

A partnership agreement formalizes the business arrangement between partners. In the beginning, individuals tend to eagerly embark upon a new business venture. They usually agree on most elements of the business, however there can be issues that were never discussed. A written partnership agreement can ensure each partner understands the expectations of the other. The agreement can protect the business and the partners from liability. It can also protect their investments if there were any misunderstandings between the partners. The agreement will clearly define who controls which aspects of the company.

In addition, a partnership agreement can provide a plan for how each partner will proceed during certain unexpected situations. For example, in the event the partners cannot agree on an important issue, the contract can require mediation. This may keep the dispute from turning into costly litigation. A partnership agreement can also guide partners as they grow or dissolve the business. The agreement should provide guidance if the business does not perform as expected, or if one partner seeks to remove the other due to non-performance. Provisions should also be included to address what would happen if one partner becomes disabled, deceased, or financially unstable due to bankruptcy. Each of these scenarios has the potential for negatively impacting the business. A partnership agreement can protect each party and their investment.

February 1, 2020

Customize each Business Contract

A business contract is a complex legal tool that can protect the business and its owners from personal and professional liability. The contract must be customized to ensure it is legally enforceable in the event of a dispute. Although it can appear that contracts are similar, it is important that an attorney drafts, prepares, or reviews the contract prior to it being signed. Using a generic template to create a business contract is not advisable.

Just as each business is unique within its industry, the business contract should reflect the objectives of the company. Not only does it need to align with the company’s objectives and growth targets, it needs to stay within state, federal and local legal boundaries. Each industry has sections and provisions that must be included. For example, the provisions which apply to a construction company’s contract would not apply for a barber shop. In addition, the laws are continually evolving. A contract that worked last year may need to be significantly changed to comply with a new set of regulations. Because a written contract is legally binding and enforceable, it is critical that it contain the required elements, or it will not stand up in court.

January 15, 2020

How do I know if I have a Valid Real Estate Contract?

A real estate contract must have several elements to be valid in California. To ensure you have a valid real estate contract, consult an experienced real estate attorney. A real estate lawyer can review the terms and help you understand your rights and obligations. If necessary, the attorney can negotiate on your behalf for a better outcome. Real estate contracts frequently include language for remedies in the event one party breaches the terms of the contract. When a real estate contract is valid and enforceable, one party can sue the other for breach of contract, interference with another existing contractual relationship, fraud, failure to disclose facts, and other reasons.

January 1, 2020

How to Minimize the Risk of Construction Dispute

Whether you are the developer, contractor, supplier, homeowner, subcontractor, commercial property owner, or another party involved in the construction of new buildings or the remodeling of existing structures, you want the project to go smoothly. In the perfect world, it will be completed within the budget and timeframe that has been allotted. In the real world, sometimes there are unexpected curves thrown in the way. When this happens, it is necessary to take a look at the construction contract to determine exactly what was supposed to happen, when it was supposed to happen, and who was supposed to handle this part of the project.

The construction contract, when crafted properly, is basically the roadmap for your entire project. The contract legally binds all parties in a business relationship and each party is contractually obligated to satisfy the terms of the contract. If an element is missing from the contract, the project may incur costly delays. If one party thinks something is being handled in a certain way, but the other party is unaware or continues with the wrong materials, the work may need to be redone and permits may be put in jeopardy. This type of miscommunication and misinterpretation of the project’s goals can be avoided when the contract is properly written.

The construction contract can help you realize the highest possible profits while also protecting you and/or your business from liability. Contract disputes are often the cause of construction disputes. At the Law Offices of Robert Spitz, we have been handling complex construction disputes for more than 40 years. We draft, negotiate and review these contracts to ensure our client’s interests are safeguarded and the terms and conditions consistent for the project’s success.

Many times, homeowners and property owners are excited to get the process started. It is understandable that you want to see progress as your vision becomes a reality. However, it will be better in the long run to take a few minutes before signing the contract to make sure you understand your obligations and make sure certain details are not left out. You may also want to contact an experienced construction attorney to review the contract.

December 15, 2019

Establishing an Easement in California

An easement allows for the legal use of property, or a portion of property, by others. Different types of easements are created in different ways. An above ground or underground easement may be necessary for use by a utility company. An easement by prescription happens when a property is accessed regularly by others over a certain period of time. There are numerous types of easements and these are generally established through court action. An experienced real estate attorney can help you when establishing or refusing an easement on your property. In easement and boundary disputes, the claimant may bring a title lawsuit to establish a right to the real property.  

December 1, 2019

Refusing Eminent Domain

As a homeowner, business owner, or rural property owner, you naturally want to protect your assets. California’s eminent domain laws allow the government to seize any property and re-purpose it for public use. Several cases reveal these laws to be somewhat vague, and sometimes the court rules in favor of the defendant. For an area to need redevelopment, the city or state must show the area is blighted. However, case law shows the legal standards for this are subjective. If you have received notice that your property or business has been identified for the condemnation process through eminent domain, you may be able to fight this legal action. An experienced real estate attorney can fight for your rights in an eminent domain case.

November 15, 2019

How can Zoning and Land Use Laws affect Your Property?

A property can only legally be used in the manner prescribed by local zoning and land use laws. When the federal, state or local government passes legislation to change the zoning laws, your property may be affected. Homeowners and business owners face complex challenges when new restrictions and rules are placed on parcels of property. Often, these new laws affect thousands of property owners. In some cases, land is identified for economic redevelopment. Homeowners may be forced to relocate out of a business zone. In other cases, land may be identified for use by wildlife. These environmental laws may require businesses and homeowners to move or modify in order to operate within specific areas which minimize any negative impact on wildlife.


204 N. San Antonio Ave.

Ontario, CA 91762

Phone: 909- 395- 0909

 Fax: 909-395-9535

Email: TPLaw@aol.com


The Law Office of  Real Estate and Business Attorney Robert Spitz