It is astonishing how many businesses continually set themselves up to pay outrageous fees and penalties. As business attorneys, we are skilled at reading contracts for our clients and pointing out any unfair or questionable content. However, most business owners enter into contracts everyday without consulting a business attorney. Naturally, if everything goes well, there are generally no issues. However, …
How To Avoid A Commercial Real Estate Disaster.
Common mistakes inexperienced business owners make when signing leases. There are no laws on the books to protect a business owner from a bad commercial lease. Now, pause and re-read that sentence. Pause again and let that sink in. There are laws to protect you from unfair loan practices, defective merchandise and breaches of contract. But, if you willingly signed …
How To Be Pro-Active In Your Malpractice Defense.
Malpractice insurance will provide physicians with an attorney, but sometimes that’s not enough. According to a 2018 report by the American Medical Association, 34% of all practicing physicians have been sued. And, if a doctor is still practicing past age 55, that percentage goes up to nearly 50%. Since the prospect of a lawsuit is becoming almost inevitable, the need …
Purchasing a Business That Has Debt.
Structuring the sale correctly will give you peace of mind and potentially save you thousands. Attorney Don Kochersberger weighs in on what to do when existing debt was not handled appropriately during the sale of a business. Dear Don, My boyfriend and I recently bought a business. It is a gym that my boyfriend has been a trainer at for …
When Your Business Partner Thinks He Is Funny…. But He Is Not.
Attorney Joe Turner weighs in on this complicated but serious issue. Dear Joe, I am in a Partnership with four other Physicians. One of the Partners fancies himself a comedian. He likes to send out joke emails to the entire staff and will often add improper comments to serious ones. The problem, aside from being immature and distracting, is that often …
What to Consider When Your Tenant Asks You to Renegotiate a Commercial Lease
Is the Lease About to Expire? The first thing to do is look at your lease and determine when the lease is set to expire. Is your tenant attempting to renegotiate for a future lease agreement, or are they trying to renegotiate the rental rate on their current lease? Most leases will specify that the tenant must notify the landlord …
Understanding Contracts: Contractor and Subcontractor in a Construction Context
Contracting and subcontracting can exist in many arenas, but one of the most common is in construction. If you have ever watched a home renovation show or gone through the excitement of having your own home or business renovated, you have probably heard the terms contractor and subcontractor used. The question is, what is the difference and how much do …
Employment Contracts: Why They Are Important and How You Can Use Them to Protect Your Business.
Hiring new employees is a difficult process. You have to be sure they are properly suited for their position and have a personality and temperament which will suit the work environment you have spent time and effort putting together. This coupled with negotiating benefits, salary, and slotting in time for training in an already busy schedule can seem overwhelming and …
The Correct Way to Use a Promissory Note
Promissory notes can be used in many different ways. For businesses, Promissory Notes are often used for short term financing. They can provide small business an avenue to obtain financing when they are unable to qualify for traditional loans. However, before signing a promissory note, it is important to understand what they are, how they are used, what exactly they …
Documentation For Businesses During COVID-19 Discussed on KRQE This Week
Business Law Southwest Partner, Don Kochersberger was interviewed by KRQE this week to discuss New Mexico Governor, Michelle Grisham Lujan’s Stay at Home Order https://cv.nmhealth.org/2020/03/23/state-enacts-further-restrictions-to-stop-spread-including-stay-at-home-instruction/ and how businesses that are providing essential infrastructure services should operate go forward. Does your business need Essential Infrastructure Documentation? Would you like to discuss with an attorney if your business falls within the guidelines …
