contracts

28
Jul

Should I Use a Form Contract I Find on the Internet?

Attorney, The Creekmore Law Firm PC

ContractsWe have previously addressed common contract issues people have brought to us (herehere, here, and here.)  People often come to us wondering whether a form contract they have discovered somewhere in the nether regions of the internet will “work” to arrange their business affairs and satisfy their legal needs.  Form contracts can be very good or very bad–and the very bad inevitably lead to messy, contentious, and difficult litigation.  We know–we have seen it first hand.

Here are a few reasons why you should not rely on form contracts you find on the internet.

Continue reading “Should I Use a Form Contract I Find on the Internet?” »

11
Jul

“Sorry, you don’t actually own your web site . . . .”

Attorney, The Creekmore Law Firm PC

By Grj23 (Own work), via Wikimedia Commons

Via Wikimedia Commons

(A version of this article previously appeared in the Valley Business Front.)

The CEO’s voice was controlled, but I could sense the panic underneath.  He was about to crack.  It sounded almost like he might even start crying.

“We have paid a total of more than one hundred thousand dollars for that web site over the years!” he said, his voice quavering with anger.  “And now the developers won’t even give us a copy of it.  I want you to sue them tomorrow.  I want justice!” he said.

“Whoa, whoa, OK, yes, justice, of course,” I said, “but before we start a lawsuit, let’s figure out what they’re thinking, from a legal perspective.  Do you have a written contract with this web site company?”

He did have a written contract.  He sent it to me.  It was about four pages long and mostly detailed all the various types of work that the developers were supposed to do on the web site.

Continue reading ““Sorry, you don’t actually own your web site . . . .”” »

8
Jul

Is My Non-Competition Agreement Enforceable in Virginia?

Attorney, The Creekmore Law Firm PC

Image courtesy of pixabay.com licensed under the CC0 Public Domain License.

Image courtesy of pixabay.com licensed under the CC0 Public Domain License.

We’ve written a lot about legal issues relating to contract formation and some general contract terms (for instance, here, here, and here). A common kind of contract we have yet to discuss is the non-competition agreement. More generally belonging to a class of agreement known as “restrictive covenants,” which also include non-solicitation agreements, a non-compete agreement purports to restrict an employee of a business from competing against his employer during the employment or for some time once the employment ends.  Every business should understand that these kinds of agreements must adhere to certain limitations for a judge to consider enforcing them.  These limitations, which we review below, are required because the law permits a business only to restrict competition to the extent necessary to protect its legitimate business interests in a reasonable manner.

Continue reading “Is My Non-Competition Agreement Enforceable in Virginia?” »

1
Jul

The Two Most Important Things in Your Contract

Attorney, The Creekmore Law Firm PC

By Pwips (Own work), via Wikimedia Commons

Via Wikimedia Commons

(A version of this article previously appeared in the Valley Business Front.)

After five minutes of talking to the guy it was clear that he was in the right, but that he was still out of luck.

He’d signed a contract with a New York company and paid them $4000 to develop a web site for his local small business.  A year later, they had only done about a third of the work they were supposed to, and even that they’d done poorly.

“Can I sue them?” he asked.

“Well sure, but look at this paragraph here,” I said, pointing at the contract.  The first pages of the contract had all sorts of details about the web-site-that-never-was: the code the New Yorkers were supposed to write, the copy they were supposed to write, the color scheme they were supposed to use.  None of it mattered.  The only important paragraph was on page four, and it read:

Continue reading “The Two Most Important Things in Your Contract” »

New client inquires call 855.443.9350 or
click here