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Baton Rouge Business & Commercial Law Blog

La. company's breach of contract may mean seeking damages

When two or more businesses engage in a contract, it is to ensure that the details of the deal go as discussed and to ensure that each party agrees to uphold their end of the bargain. Most contracts between companies include clauses that mention what could happen if one party fails to uphold their end of the bargain, also known as breach of contract. While breach of contract is never the desired outcome for either party, it sometimes happens. The company affected by the breach may decide that it is in their best interests to seek damages for the costs associated with the other company's breach.

What kind of costs could we be talking about? Well, it really depends on the industry in which the company is. For example, if the company is in manufacturing, there could be additional costs incurred with labor or the supply chain if a company fails to meet their contractual obligations as planned. Also, there could be additional costs associated with procuring a new business agreement, often with a different company, that may include extra costs for rushing the needed component, or manufacturing in the United States versus overseas for example.

Commercial zoning laws can throw a wrench in your plans

When jumping into a commercial real estate transaction, it may be your first time or a somewhat familiar process. Either way, every commercial real estate transaction has nuances that make each deal different from the deal done before it. Whatever the deal, commercial zoning laws will likely impact how the building or deal is done. Whether in how the building is repurposed, or how it is built, commercial zoning can greatly impact that decision.

Commercial zoning laws are put in place to protect the health and safety of a community and to regulate growth. They are used to check and balance how business is conducted and even how structures are built. A failure to meet zoning codes in a particular area can cause a project to go over budget to adapt to code or could even sink the project entirely if not heeded to in time. This is why it is so important to heed commercial real estate zoning codes in the Baton Rouge area.

What should one consider when selling a Louisiana business?

If you are one of the percentage of Baton Rouge residents to fully realize the "American Dream" and own your own business, congratulations. It takes a lot of perseverance and hard work to ensure that a business is successful and projecting even greater returns than years' previous. So, when it's time to retire or move onto the next venture, what are some things a business owner should think about? Selling a business is more about dollars and cents, for starters.

Timing is everything, as they say. Deciding when to sell may be even more important than what you decide to sell for. Timing can determine value in a way that no other aspect can. If a business is on the up-and-up it is going to extremely attractive to potential buyers. As a person can imagine, the process can potentially take a while, so planning for extra negotiation time can help you meet all deadlines pending the sale of your business.

Baton Rouge company to acquire corporation for $1.2 billion

When you own a profitable business and have started to think about how to bring your business to the next level, what comes to mind? Of course, there are several possibilities to consider about how to grow a business and therefore make it more profitable. One strategy is to merge with, or to possibly acquire, a competitor's business, thereby eliminating competition and becoming more profitable in one fell swoop. Where to begin on honing in on this goal depends on the business, but it will end in a contract agreement that outlines the responsibilities and obligations of all parties involved in the merger or acquisition.

Recently, a large Baton Rouge equipment rental agency landed a contracts deal to acquire a similar company in a whopping $1.2 billion deal. Lots of pieces have been and will continue to fall into place for both the company who is acquiring and the company who has been acquired. Since it's a public company, the acquisition will include clauses that determine what will happen with the stock after the deal is done. There are several steps that need to be taken including anti-trust clearance due to the size and nature of the acquisition.

Starting a Louisiana business? Do it right the first time

Many in Louisiana dream of starting their own businesses for months or even years before taking the plunge. Owning your own business is the definition of the American dream and can offer opportunity and benefits for all who dare to take the chance. Of course, business ownership comes with its own set of challenges and obstacles.

When starting the business formation process, many are not sure where to start. Businesses, like people, have their own set of laws and regulations that they must adhere to. Unlike people however, every type of business has different requirements to meet in order to operate legally. There are often commonalities among businesses like registering the business and meeting payroll tax expectations, for example. But how does one approach business formation in a way that gets a new business off on the right foot?

Company trade secrets often a concern during sale of business

When it comes to running or owning a successful and profitable business, there are a few ways a company can get an edge up on their competition. One way is to have a trade secret that makes a company's service or product unique. Oftentimes these trade secrets can be highly coveted information in which only a select few are given access to trade secret information. As a business owner, it is important to ensure these trade secrets are protected especially in situations of sale or merger.

In situations in which a trade secret is not properly protected, it could threaten the future of a business. Well crafted contracts can help to ensure that trade secrets are kept just that - a secret. If detailed information about a company's trade secret were to get into the wrong hands, it could be a huge disaster. Once those details are shared with the wrong party, it could change the face of a business.

What might a breach of contract look like?

Just about every business in Louisiana is involved in some type of agreement, or contract, with other businesses. Whether buying or selling goods and services, contracts put agreements in writing and can outline specifics to that agreement, even in case of breach. But what is breach of contract? How might a breach of contract on behalf of a business partner affect your business?

Breach of contract is an action (or inaction) that violates the terms of two or more businesses' agreement, usually on a bill of sale. For example, if Company A has promised to deliver 20 widgets to Company B by a set date and fails to meet their obligation in quantity or in time, that would be a scenario where a Company A may have breached their contract with Company B. Breach of contract is serious, because it can set up the wronged party to incur monetary losses that have a ripple effect of costliness. Essentially, it can cost the wronged party lots of money, especially if a company's breach of contract delays the delivery of goods or services to the intended user.

Louisiana company alleges breach of salvage contract

When two companies in Louisiana enter into a contract, they expect that the terms will be followed to the benefit of both parties. However, as one recent example shows, when one party fails to hold up its end of the bargain, it can lead to a contract dispute.

Rozel Operating Co., out of Lafayette, Louisiana, has filed a lawsuit against Z.E. Services, LLC. Rozel Operating Co. claims that the construction solutions provider breached the parties' contract when it did not finish a salvage operation on time.

Millennials more interested in business ownership

The Millennial generation generally includes those born between the years of 1980 and 2000. While many Louisianans may have their own opinions about this generation's mores and attitudes, according to one study, they may be the most apt to start their own business. The study also claimed that these entrepreneurs still need assistance in starting a business in order to create more jobs in our nation.

The study, by America's SBDC, found that individuals between 20 and 30 want to start their own businesses. These individuals believed that doing so would give them more financial security than that they would experience if they worked for someone else.

Seeking legal help for real estate litigation

Developers in Louisiana play an important role in the state's economy. By executing commercial real estate sales and purchases, businesses obtain the space needed to grow and become fruitful, or conversely, are able to wind down the affairs of the business should the business decide to sell. Many times these transactions go through without many hiccups in the process. Other times, however, significant disputes arise in when executing a real estate transaction, leading to litigation.

Should real estate litigation be looming in one's future, it can help to have legal advice and representation. For example, attorney Dale M. Maas understands that there are numerous causes that could lead to real estate litigation. A breach of contract, a foreclosure, construction issues, quiet title actions and evictions are just some of the reasons why two parties will find themselves facing real estate litigation.

Dale M. Maas, Attorney at Law
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Baton Rouge, LA 70816

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