It’s no secret that retailers are struggling in 2017. Recent news about the fall of Macy’s earnings and JC Penney’s struggles exemplify the challenges retailers deal with as more customers search for merchandise online as opposed to in stores. Because of this, retailers are forced to make changes in how they present merchandise and fulfill orders.
Think your commercial landlord cannot change your annual rent? Think again! Some commercial landlords insist on lease provisions giving them the unfettered right to re-measure the square footage of the office space. Such clauses may provide, "The rentable square feet of the premises and the building are subject to verification from time to time by the landlord." Such clauses provide the landlord a unilateral right to re-measure tenants' office space any time. Of course, the landlord will likely "re-measure" only if it results in a rental rate increase.
Contracts are an essential component of any business, from initial startup to everyday operations to continued development. As such, it is vital to possess skills and knowledge of the contract negotiation process.
A contract is just a piece of paper with some provisions and rules written on it. The document means nothing if the individuals, companies or parties involved in the contract don't hold their partners to task. This is where a contract dispute can arise: when one individual, company or party doesn't uphold their end of the bargain, the other side can file a lawsuit to finalize the contract dispute and figure out what remedies are available to fix the situation.
Charter Communications, a provider of cable television and a telecommunications company, was sued back in July of 2016 by Fox News. Charter was allegedly trying to secure Fox programming for cheaper than the market price, and was attempting to do so by illegal means. In recent weeks, Charter has been in negotiations with NBCUniversal over securing their extensive package of TV channels and properties -- and now those negotiations are going south too.
When a contract is breached or two parties have a dispute over a business-related matter, there can often be difficult legal issues that have to be figured out. Contract disputes are relatively common, but that doesn't mean that the solution to these disputes is easy to reach. We talked about partnership disputes in our last post, and this is just one form of a potential contract dispute. Shareholder disputes can arise, as can disagreement over purchases and sales, leases and contracts that involve employees.
About six months ago, we wrote a blog post about the wild story regarding Yosemite National Park. The name, as well as the names of may different locations, buildings and other landmarks, was under legal challenge by Delaware North, a company that trademarked "Yosemite National Park" and laid claim to a number of other titles. The case was being challenged by both sides.
A footwear company and the designer that the company is named after have gone to court after the company sued its eponymous founder for a variety of infractions surrounding an alleged breach of contract.
No matter the reputation of a company and no matter how noble the intentions of a company, it is likely that at some point it will be involved in a contract dispute. Contract disputes often arise due to a breach of the contract. This occurs when provisions in the contract, which two parties agree to, aren't met. When those provisions or objectives aren't met, one party has "breached" the contract.