Most individuals today, and certainly all businesses, are parties to agreements known as contracts. A credit card agreement, a purchase agreement, and even oral discussions not documented in writing may constitute a contract under our law. When a party to a contract does not hold up their end of the agreement, a contractual claim can result. The attorneys at Beck & Eldergill handle contract claims for individuals and businesses, and have experience both prosecuting and defending such claims.
A breach of contract claim results when the other party to a contract does not uphold their end of the agreement, and you are harmed as a result. A breach of contract claim can stem from a variety of factual circumstances, such as where one of the parties refuses to pay for products or services provided under the contract, or where a party fails to deliver the promised products or services. Your remedies when a party breaches a contract could include specific performance (an order that the other party do what they had promised to do under the agreement), but it may include other types of damages as well, such as attorney’s fees and interest, depending on the terms of the contract itself.
The attorneys at Beck & Eldergill are well-versed in business formation. Whether you want to incorporate, form an LLC or a partnership, we can help guide you towards the best solution for your business. We take into account your needs and desires for your business before advising what type of business you should form. Our services include document preparation and communication with the Secretary of State’s office to ensure your business is properly formed and authorized to conduct business.
There are a multitude of reasons to form a business, not the least of which is asset protection. If you are performing services for money, it is important to understand the reality of today’s world – making a mistake or breaching a contract leads to a lawsuit. By operating under the protection of a duly authorized business, your personal assets are much more secure. Small business can’t always afford enough insurance, but operating under a business name can protect your house and other assets from unsatisfied customers.
We advise all of our clients to operate under a business and not just a dba. Businesses afford you a “corporate veil” that separates your personal bank account, vehicles and property from your business assets. If you are sued for work performed under a business, it is difficult to be sued in an individual capacity. The only proper party in such a case is your business. Since you likely won’t be sued personally after forming a business, all property in your personal name will be protected.
With our team of business attorneys, we can craft operating agreements, bylaws and incorporation documents specific to your needs. We take the anxiety out of forming your business, so you can focus on running it.