Most contracts (if not virtually all) contain recitals. They will sometimes be called “recitals” or “background” or, if the attorney is old-school, use the phrase “Whereas…” a lot. When I first started studying contract law, I thought these recitals were included by convention–just something attorneys do (like use the word “whereas”). Maybe that’s what you … Continue reading “Contract Terms 2: The Recitals”

The Right Entity One of the basic elements of a contract is to know who you’re dealing with. (No, Who’s on first). If you are representing an LLC or Corporation, make sure the LLC or Corporation is identified as the party to the contract. If you identify yourself as a party, you can become individually … Continue reading “Contract Terms 1: The Parties”

A contract is not going to prevent all disputes. It will definitely prevent some, but certainly not all. I would guess that about 90% of the lawsuits my firm handles involve a contract. And, frankly speaking, many of the cases are good cases with fair arguments on both sides of the issues. So does this … Continue reading “Your Contract Has Problems. They all do.”

So there you are, looking at a contract you found on the internet. You’re thinking about using it for your business. It looks pretty good to you. But you also think to yourself, “Maybe I should have an attorney look this over.” You’re probably thinking this because society has taught you that sophisticated business people … Continue reading “How much will it cost to have your attorney look over your contract? Plus, one tip for getting a good deal”

A contract typically consists of the fairly standard parts. Each part may be different depending on what the contract is for, but most of the time these standard terms are there. The Title – This is what you call the agreement (obviously). The Parties – Identifies the individuals or entities subject to the contract. The … Continue reading “The Anatomy of a Contract”

The Subcontractors Legislative Coalition hosted a golf tournament at the Palm Valley Golf Course. We sponsored one of the long drive holes. In this hole, players could choose to participate in our “long drive, short driver” competition. The participants had to try to hit the ball the furthest with a tiny driver. It is always fun … Continue reading “Firm News – June 2014 (plus good places for some good food)”

You’re an entrepreneur for a few reasons: You want to make money, you want to make a difference, or want to control your own destiny. The main reason, though, is because you just feel a drive to do it and that drive consumes you. You are, as Michael O’Neal from The Solopreneur Hour would say, … Continue reading “The 5 People Every Business Owner Should Know”

As a landlord, you may find yourself in the unfortunate situation of a fire in the property. Lots of questions will come up about how to proceed, and it’s important to proceed correctly. NRS 118A.400 gives the details of what happens to the lease. Take a look:   1.  If the dwelling unit or premises … Continue reading “What Happens to the Lease if there is a Fire?”

Tenants don’t always understand the extent or limitations of their rights in your property. Some may think they can to do whatever they want because they pay you rent. That is not the case. Tenants have several basic obligations that they must live up to on a daily basis. These are described plainly in Nevada … Continue reading “What Are Your Tenant’s Basic Obligations?”