Business Contracts Lawyers for Indiana

I suggest you consult with an attorney. However, some items to include in the force majeure include pandemics and governmental regulations and ordinances.

Hi there, No—a contractor cannot legally change the terms of a renovation contract without your consent. A contract is a mutual agreement, and any changes to the scope of work, payment terms, or timeline must be agreed upon by both parties to be valid and enforceable. That said, here is what you should consider: Your Rights as a Homeowner: No Unilateral Modifications Allowed: Contractors do not have the legal authority to raise prices or alter timelines without your express written consent. Any legitimate changes should be presented as a change order—a document detailing the proposed adjustments that you must approve before work continues. Assess Whether the Change Serves Your Best Interest: While unexpected changes can be frustrating, it is important to consider why the contractor is proposing modifications. Sometimes, issues arise during renovation that were not visible or discoverable when the original contract was signed—such as hidden structural damage, plumbing defects, or code violations. In these cases, completing the job correctly may require addressing these issues now, which can impact both the timeline and total cost. Though inconvenient, these adjustments may ultimately benefit you by ensuring the job is done thoroughly and avoids future complications. Contractor Must Clearly Justify the Change: If additional work is necessary, the contractor should be able to clearly explain: What was discovered Why it was not known initially Why the original scope of work cannot be completed without addressing it This explanation should be provided in writing along with an updated scope and pricing breakdown. You Still Control the Agreement: Even if the contractor makes a reasonable request, you are not obligated to accept. You can negotiate the terms, request a second opinion, or consult an attorney before moving forward. You May Have Legal Remedies if the Contractor Proceeds Without Approval: If the contractor insists on changing terms without your consent or threatens to stop work, they may be in breach of contract, and you may have legal grounds to: Withhold payment Terminate the contract Recover costs associated with hiring a replacement contractor A good contractor communicates openly, presents clear documentation, and works with you—not against you. If you need help reviewing the contract or assessing the proposed changes, I would be happy to assist. Best regards, Jerome Lucas Newell, Esq. Home Renovation & Consumer Protection Attorney

Yes. If worded correctly, a liability waiver is effective. Note that a few states do not allow liability waivers and others have strict requirements for their enforceability. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

Typically, liability for each party to a joint venture is determined by the joint venture agreement itself. However, if the joint venture agreement is not sufficient to establish liability or there is no agreement, the law imputes "per capita" (per head) liability. For example, in a joint venture that involves three separate individuals and/or entities, each venturer bears one-third of the total liability. For this reason, joint venturers commonly register a separate entity such as a limited liability company ("LLC"). Hope this helps!

While a written operating agreement is not legally required to form a multi-member LLC, it is absolutely a best practice to have one in place. An operating agreement is an internal document, meaning you won’t need to file it with the state, but it plays a critical role in setting clear expectations and protecting all members' interests. Without a written agreement, your LLC will default to your state’s LLC laws, which may not align with your specific business arrangement or preferences. A well-drafted operating agreement allows you to: - Clearly define ownership percentages and capital contributions. - Establish how profits and losses are allocated among members. - Outline decision-making authority and voting rights. - Set procedures for bringing in new members or handling a member’s exit. - Minimize the risk of internal disputes by having a written record of agreed-upon terms. While your verbal discussions are a great start, formalizing these details in writing ensures that everyone is on the same page and helps prevent potential conflicts down the road. If you'd like assistance drafting an operating agreement that aligns with your business needs, I’d be happy to help!