Category Contracts
Contracting by Negotiation with Federal Agencies
by Bryan Lane Berson, Esq. Download PDF: Contracting by Negotiation When agencies of the federal government procure supplies, federal laws and regulations require that they use a competitive process. The Federal Acquisition Regulations (FAR) detail two procedures to accomplish this – sealed bidding and competitive negotiation. Sealed bidding is usually inappropriate for the procurement of […]
Government Contract Actions and Contractor Qualifications
by Bryan Lane Berson, Esq. This column explores government contracting under the Federal Acquisition Regulations (FAR). The FAR requires agencies to conduct market research before engaging in procurement. Agencies must describe their needs, gather information about the item, identify sources to meet their need, and identify applicable laws. Agencies have discretion with regard to the […]
Using Agents in Your Business
by Bryan Lane Berson, Esq. Agency describes the relationship between a principal and an agent who acts on the principal’s behalf. Common principal-agent relationships include employer-employee, client-attorney, and property owner-real estate agent relationships. In business negotiations, people use agents for a variety of reasons. For example, in a negotiation, if there is personal tension between […]
Contractor Agreements and Accident Reports
by Bryan Lane Berson, Esq. Property owners hire many types of contractors (e.g., custodians, snow removers, repairmen), and their actions or negligence may cause accidents. Injured parties will likely sue property owners and the contractors. Thus, owners should insist that contractor agreements contain insurance and indemnification provisions. Owners should insist that before work begins, they […]
Strategic Alliances and Joint Ventures
by Bryan Lane Berson, Esq. Suppose a company wants to expand into a foreign market or combine its product with that of another firm. One of the quickest and most effective ways to accomplish this is through a strategic alliance (“alliance”) or joint venture (“JV”) with another business. An alliance or JV enables a company […]
Purchasing Commercial Real Estate
by Bryan Lane Berson, Esq. Some businesses purchase real estate to house their operations. Transactions to buy office buildings and warehouses are quite similar. Residential purchasers will recognize many similarities as well. After the parties agree on a price, seller’s counsel will send a contract to the buyer and request a down payment. Buyer’s counsel […]
Insuring Against Property & Casualty Losses
by Bryan Lane Berson, Esq. With regard to their businesses, entrepreneurs and executives should think carefully about risks to people and property. They should eliminate and avoid as many risks as possible and insure against the ones that remain. This column will focus on property & casualty insurance and water damage. Property – structures, equipment, […]
Avoiding and Managing Risks with Insurance
by Bryan Lane Berson, Esq. Risk can’t be discussed in general terms. Risks are specific in nature. Executives, entrepreneurs, and consumers should identify and describe risks as articulately as possible. Usually, they involve some risk of loss. Where possible, risks should be avoided. Risks that cannot be avoided should be managed by transferring or insuring […]
Commercial Leases: Comparing Costs, Modifications, and Other Terms
by Bryan Lane Berson, Esq. Real estate (property) is an economic resource regulated principally by municipalities and states. There is no single real estate market. Rather, there are many markets. Conditions may differ among them depending on local regulations and the local economy. While some macroeconomic factors (e.g., interest rates) can affect simultaneously many or […]
The Commercial Leasing Environment
by Bryan Lane Berson, Esq. Manufacturing and most service businesses lease dedicated space for their operations. Commercial landlords and tenants (hereinafter “parties”) memorialize their agreements in commercial leases. Most people are familiar with residential leases, but commercial leases and the applicable landlord-tenant law are quite different. State law tends to protect residential tenants far more […]
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