Business Law

Modern Business relies extensively on the legal system. A business cannot thrive and grow without the ability to purchase supplies. Income is dependent on the ability to successfully sell the goods or services offered. When customers fail to pay, or vendors fail to deliver, a business needs a way to recover its losses, or to compel performance.

Business law can influence a number of a business’ day to day operations. Many businesses use a contract when they sell their products or services. Major purchases are usually made under contract. Many businesses lease their industrial or office space. And, the relationship between employer and employee is significantly affected by law.

Today's business leaders and owners need a good sense of the legal environment in which they operate. Business practices that may have been acceptable years ago now may result in a suit for antitrust, discrimination, or environmental pollution. A verbal statement made without adequate forethought can result in a claim of slander. Operations or activities that may have once been viewed as competitive can now constitute an unreasonable interference with prospective economic advantage. The area of unfair business practices is at the leading edge of legal development in California.

Perhaps some of the areas of most immediate concern for many business owners are the areas of contract law and collections. Business owners who purchase defective goods must often resort to legal action in order to recover their purchase price. And these same owners must occasionally resort to legal action when customers don't pay. At the same time, these owners must negotiate with landlords for lease accommodations, or for items needing repair. As a landlord, these same business owners occasionally rely on counsel for dealing with a tenant whose business is failing.

When it looks like a deal is falling apart, or when it looks like a significant problem may develop with vendors, customers, landlords or tenants, one of the best steps a business owner can take is to involve an attorney at an early stage. The right attorney is experienced in disputes of many kinds, and can sense and sometimes predict the course of events during a dispute. Since many disputes end up in Court, an attorney can help a business owner prepare for resolution in an extremely competitive and unforgiving legal environment if an informal solution isn't reached. Experienced counsel can help in many ways that may seem minor at the time but can later have significant consequences. The preparation of appropriate documents, the storage of records, negotiation of claims and demands, and verbal statements can all have legal consequences that may not be readily foreseeable at the time the problem arises. Experienced legal counsel can assist the business owner in positioning the business so that if a lawsuit is filed the owner maximizes their opportunity for a positive result.

As with any claim, most business claims will eventually be barred by the statute of limitations. For that reason, a business owner who intends to act on a claim should do so promptly so that the risk of losing a claim to the statute of limitations is minimized. In addition, when a business owner promptly addresses a claim, the owner can often find important documents more easily, can often find important witnesses more easily, and the owner often finds that witness' memories of important conversations are better. All of these factors support the practices of handling claims promptly and involving legal counsel at an early stage.

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Contracts

A contract is a legally-enforceable promise made between parties. In the civil law, contracts are considered to be part of the general law of obligations. Basic common law contract law addresses four sets of issues:

1. When and how is a contract formed?
2. When may a party be released from the obligations of a contract?
3. What is the meaning to be given to the terms of a contract?
4. What is the remedy in the case of breach of contract?

In order for a contract to be formed, there must be an agreement that consists of an offer and acceptance, consideration, and contractual intention.

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Construction Law

Construction Law deals with all legal issues relating to the construction process from land acquisition and project financing to post-construction claims settlement. These include such matters as building contracts, bonds and sureties, construction and builders' liens, tendering, and construction claims, which affect all participants in the construction industry, including lender financial institutions, architects, general contractors, subcontractors, suppliers, builders, owners, planners, designers, developers and engineers.

Construction law covers legal issues and disputes arising from building and improvements of all sizes and complexity from basic, residential work (private projects), to large, complex projects.

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Real Estate

Real estate transactions are governed by federal statutes, as well as state statutory and common law. Real estate law encompasses these state statutes and laws, as well as property law matters. Real estate law covers a wide variety of legal issues relating to acquiring, financing, developing, managing, constructing, leasing and selling commercial and residential real property of all kinds.

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Litigation

The conduct of a lawsuit is called litigation. A lawsuit is a civil action brought before a court in which the party bringing forth the action (the plaintiff) seeks a legal or equitable remedy. One or more defendants are required to respond to the plaintiff's complaint.

A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations.

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