People sometimes say that contracts are the lifeblood of business. This aphorism stems from the importance of having predictable costs and reliable operational support. Contracts are crucial to the smooth and profitable operation of a business. Business contracts clarify the obligations that organizations have to one another or the expectations one company has for a service provider. In theory, those who negotiate contracts should uphold those agreements in all but the most extreme of circumstances. Unfortunately, some people sign contracts with little intention of following through on the agr ..read more

If a property owner or major tenant, adopts protective measures, such as security guards, and a visitor is injured, the owner or tenant is liable for the injury only if either (a) the safety undertaking of hiring security guards increased the risk of harm or (b) the victim reasonably relied on the protective measures to her detriment. In the October 24, 2023 case of The Irvine Company LLC v. Superior Court, a customer at the Fashion Island shopping center got very drunk, walked up to the fourth floor of the parking structure, hoisted herself up onto the exterior wall which was forty-three inch ..read more

Contracts create a pretty clear outline when it comes to everybody’s rights and responsibilities in an agreement, which can make a situation confusing when a project or plan changes along the way. This happens more often than many people realize, especially in the construction and technology industries where it’s common for customers to ask for adjustments to a project over time as new issues crop up or new goals are identified. This commonly results in “scope creep,” where a project slowly expands beyond the original boundaries of the agreement. Scope creep is a big problem because it has the ..read more

In Lee v Cardiff, a Contra Costa appeal released for publication on August 11, again a contractor was caught claiming his employees were independent contractors in order to avoid paying workers compensation insurance premiums. The contractor was ordered to repay $238,470 that the owner had paid. Workers compensation insurance for contractors is incredibly expensive. If a contractor cannot afford it, then the law does not allow it to compete with legal contractors who pay to protect their employees. The law is absolutely clear on this issue. A contractor who is not properly licensed cannot coll ..read more

Every new hire at an organization is a potential source of organizational liability. Workers can mistreat each other, leading to harassment claims. They can make mistakes that lead to customer or client complaints. They could also eventually take the company to court, causing not only legal expenses but also damage to the organization's reputation. When the leadership at an organization is aware of what prompts many employment lawsuits, they can potentially take action ahead of time to prevent those the issues from affecting their company. These are three of the most common reasons that employ ..read more

Many businesses in California have a vested interest in protecting their trade secrets. Information ranging from proprietary manufacturing processes to supplier lists can give an organization a competitive edge and help it remain profitable. Whenever organizations bring in new workers, there's always the possibility that those workers will take what they learn at the company and then use that information for personal gain. For example, workers could go on to start a direct-competitor organization or they might take a job working with a competitor. California does not enforce non-compete agreem ..read more

If you live in the beautiful state of California, it is important that you are aware of the state's important real estate laws that will most likely affect you since you live in the state. These apply to people who are selling properties and people who are buying properties. There are many state regulations that apply to all sorts of real estate scenarios. Some of those regulations apply to you if you are buying a home for yourself and others apply if you are buying a property with the intention of renting it to someone else. Real estate laws and regulations are designed to protect homeowners ..read more

If you purchase real estate for investment in California, you may be concerned about having to pay capital gains taxes if you sell the property and reinvest or “exchange” the funds from the sale into another investment property. Fortunately, Section 1031 of the Internal Revenue Code allows you to defer capital gains taxes in certain situations, making property investment an easier and more lucrative endeavor. What is a Section 1031 exchange? A Section 1031 exchange, wherein you sell an investment property and exchange it for another investment property of like-kind, is essentially a tax break ..read more

Many businesses in Oakland enter complex contracts with vendors, clients and other businesses. These documents are an essential part of business development, but there are times when one party argues that you breached the contract and owe them damages. Do you have any defenses when you are on the receiving end of a breach of contract claim? What is breach of contract? A breach of contract occurs when a valid contract exists, and one side to the contract does not fulfill their duties per the terms of the contract. Breaches can be either minor or material. A minor breach of contract occurs when ..read more

Taking the necessary steps to start a new business or move a business into California can be difficult, especially if an individual does not understand all the laws and regulations that may govern their operations. In Oakland, business entities must conform to state and local rules regarding how the properties they select for their businesses are used and what types of operations they are zoned for. Therefore, land use and zoning are important matters for all business owners to understand. This review of land use and zoning provides a good starting point for individuals with general questions ..read more