Tag Archives: contract
Commissioned Salespersons: Getting Hired, Fired, and Paid
by Bryan Lane Berson, Esq. Download PDF: Commissioned Salespersons A. Researching the Company Before beginning to work as a salesperson – as an employee or independent contractor –carefully research the company for which you plan to sell products. Your compensation depends on the merchandise, shipping, and prompt, accurate payment. If possible, ask customers whether they […]
Federal Procurement Contracts: The FAR System and Practices
by Bryan Lane Berson, Esq. Procurement is the process by which the federal government acquires goods and services for military and civilian use. To procure products, the government’s executive agencies use the Federal Acquisition Regulation system (FAR). It is a uniform code of policies that applies to all acquisitions with funds appropriated by Congress. 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 […]
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 […]
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 […]
The Employment Contract: A Tool to Clarify and Incentivize
by Bryan Lane Berson, Esq. The previous two columns focused on independent contractor agreements. This month, we focus on employment contracts. Usually, employment is “at will” – at any time, an employee can quit, or an employer can sever the employee. Most employees do not have written contracts for a guaranteed time period. While a […]
Independent Contractors: Structuring Relationships with Workers
by Bryan Lane Berson, Esq. Last month, we compared independent contractor and employment relationships. The nature of the relationship between a worker and company depends on the circumstances. Greater control over workers and the performance of their work tends to point towards employment, whereas less control points to independent contracting. Rarely, is the distinction clear. […]
Worker Classifications: Independent Contractors and Employees
by Bryan Lane Berson, Esq. Organizations need personnel to perform services or produce goods. Depending on the nature of the relationship and the degree of control the company exercises over the worker, a worker can be classified as an employee or independent contractor. Most employment relationships are “at will,” which means that the employer can […]
Contracts That Focus on Lowest Price Can Harm Profitability
by Bryan Lane Berson, Esq. Download PDF: Supplier Relations “Point 4 – End the practice of awarding business on the basis of price tag alone. Instead, minimize total cost by working with a single supplier.” – W. E. Deming Quality is often defined as “fitness for use.” As members of a supply chain, manufacturers and […]
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