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Contracts and Agreements

It’s often said that the best way to win a lawsuit is to never get into one. That’s not always possible, but when you’re entering into a transaction, or making big changes, the best insurance is to put the agreement in writing, and make sure that writing is reviewed by a competent attorney.

When can you use an attorney?

Buying into a business
Taking on a partner
Starting a new business with partners
Selling your business / retiring
Providing a service to the public
Buying/Selling Real Estate
Leasing Commercial Property
Shareholder compacts (for closely-held corporations)
and more..

Make sure you have your agreements and contracts reviewed before you sign. Birch Law Group can help you avoid surprises down the road.

Commercial Litigation

Commercial disputes are becoming more difficult to navigate. Expanding international businesses, changing regulatory requirements, and increasing corporate scrutiny are among the drivers. Regardless of origin, the stakes can be high, with a potential high financial impact. Organizations and individuals look to proactively reduce their risk. When matters arise, bringing them to a close in a cost-effective and efficient manner is our goal.

In reaching this goal, experience is paramount. We represent clients in all stages of litigation. Our integrated practice structure provides clients with strong support, no matter where they are. We regularly collaborate with professionals in multiple fields to keep abreast of changes in practices and the legal landscape.

Shareholder Disputes

Shareholder ownership differs from partnerships and corporate shareholders as they are not liable for the company’s debts or any other financial obligations. They also do not manage the operations. A board of directors is appointed to control the activities of a corporation.

Shareholders can initiate disputes for several reasons, including but not limited to:

Disagreement over the direction of the company
Poor personal relationships
Conflicts of interest
Lack of company performance
Lack of individuals performance
Lack of funds reaching shareholders
Terms of a director’s service contract
Concern board is not meeting its responsibilities

State laws also provide causes of action to file a suit against a corporate board for issues related to management of the corporation.

Partner Lawsuits

When you start your business, you and your partner may have the same goals. Unexpectedly, relationships can sour. Perhaps your partner undertook actions that undermined the company’s reputation and damaged business, or you have a disagreement about the direction of the business. Many of these disputes can be resolved amicably, but in some situations, the only resolution to the conflict is suing your business partner. Consult with an experienced business lawyer to determine how to address a dispute with your business partner.

There are various grounds under state law for suing a business partner. The purpose of partnership lawsuits is to remedy damage to the business caused by things like breach of contract, negligence, abandonment, and more. These are called derivative claims under state law.

Construction or Contractor Disputes

Disputes are a reality for those operating in the construction industry. When disputes arise, we can assist you in resolving them favorably. Many times, an attorney well versed in construction and building code can assist in communicating and developing a strategy to avoid court.

Construction projects involve complexity. The works being carried out are often complex and so are the contractual documents governing the parties’ relationship, and the applicable legal principles.

The result is that when a dispute does occur, expert legal advice will be required on the myriad of factual, technical and legal issues that arise and the best tactical approach to be adopted in order to resolve the dispute favorably.

Birch Law Group has a wealth of experience in providing the necessary guidance and assisting clients in resolving their disputes whether by arbitration, litigation, or alternative dispute resolution (ADR).