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, […]