CONTRACT LAW

Experienced legal representation in reviewing, negotiating, drafting, improving and enforcing commercial business contracts.

Contact Neufeld Legal PC at 403-400-4092 or Chris@NeufeldLegal.com

BUSINESS CONTRACTS

Contracts are the lifeblood of commercial business. Contracts provide the framework through which business relationships are controlled, enabling each of the parties to attain their agreed upon benefits, while providing appropriate protections against violating the settled terms and conditions. In turn, the value of an excellent contract, which has been skilfully negotiated and precisely written, is rarely evident - until one of the parties attempts to breach the contract (with the potential for such a violation having been substantially reduced by the knowledge that any violation will have serious repercussions).

Conversely, when contracts are poorly negotiated and/or written, they can become a source of unending anguish and drain on a business' financial resources. Experienced contract negotiations and drafting will enable you to avoid these disasters, by avoiding the traps and pitfalls that other businesses all too frequently fall prey to. You should always be looking to solidify your business relationships with well-structured contracts, so that you can focus on your core business and not the distractions that arise from disputes that lack a clear contractual formula for resolution.

SHAREHOLDERS AGREEMENTS

Owning shares in a privately-held company or partnership is a far more rigorous endeavour than owning shares in a publicly-traded company, whether its on the TSX Venture, TSX or NYSE. Having practised law for many years in New York City / Wall Street, I became highly familiar with the challenges facing shareholders in both publicly-traded and private company spheres, and the private sector clearly imposes far more challenges upon its shareholders.

The principal challenge associated with holding shares in privately-held companies is their lack of liquidity (i.e., the absence of a stock market to buy and sell shares), which necessitates the creation of specific shareholder arrangements. This is principally done through a shareholders agreement, which not only provides a contractual framework for operating the business and making key decisions, but can also create procedural buy-sell mechanisms, including death & disability arrangements, put & call options, shotgun provisions, piggy-back rights, insolvency and marital break-up requirements. The shareholders agreement thus provides an important mechanism for resolving challenging shareholder situations; nonetheless, disputes do arise and than the lawyer takes on a more assertive role in resolving a specifically defined point of contention.

COMMERCIAL LEASING ARRANGEMENTS

Commercial leases throughout Canada have become increasing complicated, with ever more aggressive negotiating tactics and highly specific wording (all too often having hidden meanings). This has made the leasing process increasingly frustrating and uncertain. And because of these heightened challenges, it has become even more important that leases are carefully reviewed, negotiated and drafted, otherwise the financial costs and/or legal problems that can arise from an incorrect or inadequate lease agreement can have severe repercussions for your business.

EMPLOYMENT ARRANGEMENTS

Executives, employees and contractors are critical to the success of most businesses; yet they can also be extremely problematic when the challenge ownership. As such, it is very important to have solid legal agreements in place and be conducting periodic workplace reviews and training, in an effort to minimize your employment-related legal liability. By taking a proactive approach, you have the potential to substantively reduce, and even prevent, adverse employee claims and lawsuits.

Unfortunately, being unaware or uncertain of one's employment obligations is not an acceptable rebuttal to a violation of employment and human rights laws. An employer is expected to know, and when the employer does not know the answer or the appropriate course of action, the employer is expected to consult knowledgeable legal counsel, so as to attain the appropriate course of action based upon the facts presented. By tackling employment-related scenarios with such an approach, employers will be far better positioned to navigate the turbulent waters of hiring, firing, disciplining, advancing and compensating employees, executives and independent contractors, than they could hope to realize on their own.

Providing corporate-commercial legal advice and strategic direction to business enterprises, is a central focus of business lawyer Christopher R. Neufeld's legal practice. To advance your business' initiatives, contact Neufeld Legal P.C. at Chris@NeufeldLegal.com or 403-400-4092 / 905-616-8864.

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