Archive for the ‘Contracts’ Category

Anatomy of a Commercial Real Estate Purchase

Once you have selected a property and have some idea of a fair price and market conditions, it is time for the real estate attorney to be involved. There are many protections for consumers purchasing real estate, but hardly any in the commercial arena, so it is important to have a trusted adviser to protect [...]


Can You Define “Total Heating Bill”? Or is Your Contract Ambiguous and Unenforceable?

We previously discussed in broad terms that a valid and enforceable contract must have offer and acceptance, mutual exchange of something of value and definitive terms.  But what does it mean for a term to be “definitive”?


Be Up to Speed on Enforceable Contracts

In August 2007, Charlotte Motor Speedway and Speedway Motor Sports announced their intent to build a hot rod dragway next to the speedway. The City of Concord responded by changing its zoning laws to prevent the dragway. The Speedway owners threatened to leave Cabarrus County, and Concord repealed the zoning changes.


Tenants Beware on Commercial Leases

Commercial leases can be dozens of pages long.  It’s easy to miss something critical — such as who’s responsible for HVAC repairs or what the tenant can or cannot do in the space.  While there are many consumer protections for a residential lease, the commercial lease is largely unregulated.  Be an informed and prepared tenant.


The Empty Dotted Line — What Does It Mean?

You own a manufacturing business.  You spent a good part of last year putting together a private-branding and distributorship agreement with a new customer and a new distributor.  Most of it was over email.  Now the distributor is not doing its job.  You pull the contract, and your stomach sinks when you realize the customer [...]


A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing

We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business model for either vendor or business owner, but as with anything, you have to do your homework.