Business Contracts
Roofing Contract
Florida
Can a roofing contractor change the terms of a contract after it has been signed?
I recently hired a roofing contractor to replace the roof on my home. We signed a contract that clearly outlined the scope of work, materials to be used, and the total cost. However, a few days before the project is scheduled to start, the contractor informed me that they need to make changes to the contract, including increasing the price due to unforeseen circumstances. I'm concerned about this sudden change and wondering if the contractor has the legal right to modify the terms of the contract after it has already been signed.
Answers from 1 Lawyer
Answer
Business Contracts
Florida
Diane D.
ContractsCounsel verified
A roofing contractor can only change the terms of a contract if both parties agree to the changes in writing.
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Construction
Roofing Contract
Texas
stuck in a bad contract
I got into a contract with a roofing company that wants to charge me 12 thousand dollars out of pocket on top of he !5 or so thousand that thge insurance is paying or the want 5,800 for breach of contract i need the roof but i cant afford that much debt or cash
Howard B.
Courts will protect you from an illegal deal, but they will not protect you from an unwise deal. On its face, this is enforceable. However, I know Texas has some very strong consumer protection laws and a Texas attorney may be able to help you with that. You will need to speak directly to a Texas attorney. I'm in a neighboring state and not licensed there.
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Asset Purchase
Florida
Buying an online business
I am in the process of buying an online business. The seller send me a purchase agreement from his lawyer that needs review - how do I get a one time review of the contest to ensure my interest are maintained ?
Donya G.
Hello, This is Donya. I would love to assist you with reviewing the APA from the sellers attorney for the purchase of your online business As a contracts attorney, with over 20 years of legal and business experience, my business focuses on the purchase and sale of ecommerce and other businesses. I work with clients from international brokerage firms like Website Closers, Fortia and Flippa in the purchase and sale of assets, ecommerce stores, trademarks, patents and/or complete businesses. I have been involved with purchase and sale of a host of ecommerce companies. Within the past year, I have completed at least two dozen deals. If you would like me to assist you, you can reach out to me on the Contracts Counsel website or on my personal page on the site and send me a message or schedule a call with me. I look forward to hearing from you. Donya Gordon
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Employment Agreement
Florida
Can a company keep an independent contractor's equipment and supplies after mutually severing ties?
I'm an independent contractor and have mutually severed ties with the owner of the company I contracted with. She said I could retrieve my belongings this past Tuesday at 2pm. Before I could do so she asked for more time to gather my items and have them ready for pick up in the front lobby. I asked why I couldn't just come get the stuff I could be done w/in an hour and she replied she had some accounting to do. Yesterday Thursday I said I wanted to come get my stuff Friday as I've given her plenty of time. She said I could pick up today at 3:15 as long as I pay her $180 that she claims I owe. First I've heard of this charge and completely dispute it. Now she is saying she is keeping my stuff in lieu of payment. I spoke with county sheriff's office who will provide an escort to retrieve my things. It's work related and her keeping the items is preventing me from working. Does she have any right to withhold my property? Just to be clear I'm not an employee.
Donya G.
This depends on what was agreed to by the parties in the contract. If the contract is silent, did the parties have an understanding as to what would happen? It would be beneficial to have your agreement reviewed by an attorney and advise you on next steps. I can assist you with that review and advise. You can connect with me through the website. Donya Gordon
Read 1 attorney answer>Business Contracts
Joint Venture Agreement
Florida
How to split debt in a joint venture?
I am currently in a joint venture with another company to pursue a business opportunity. As part of our venture, we have incurred debt that we need to repay. However, I am unsure of how to fairly split the debt between the two companies, especially if one company has contributed more resources or expertise to the venture than the other. Therefore, I would like to seek the advice of a lawyer to better understand the legal and financial considerations involved in splitting debt in a joint venture.
Donya G.
This can be done by agreement of the parties. Typically it can be done in the same way profits are split or depending on how much the parties are contributing to the JV. If you need assistance with the JV agreement, I can help. You can find me on the contracts counsel website to engage my services. All the best Donya Gordon
Read 1 attorney answer>Business Contracts
LLC Operating Agreement
Florida
What should be included in my LLC operating agreement?
I recently formed an LLC with two other partners and we are in the process of finalizing our operating agreement. I am looking for advice on what should be included in the agreement in order to ensure the legal and financial protection of all partners involved. I understand the importance of having a comprehensive agreement in place, and would like to ensure that all of our interests are properly represented.
Fabian G.
Hello, My name is Fabian Garcia and I am a Florida-licensed attorney. What follows is a brief overview of certain important considerations when drafting an Operating Agreement: There are several items that need to be considered when drafting an Operating Agreement. First, you will need to determine whether your company will be manager-managed or member-managed. This is important because it will lay the foundation as to which individuals/entities will have the ability to control the company. Proper definitions should be used throughout the entire Operating Agreement to make sure that there are no ambiguities. Capital contributions are generally attached as an exhibit to the Operating Agreement, and describe the amounts that each member has contributed. Note that capital contributions can also be in the form of sweat equity. You will also want to make sure and address whether additional capital contributions will be required. Another item that must be touched on the Operating Agreement is membership. How will new members be admitted? Will a vote be required? Note that typically, members are not liable for the company's obligations by merely being members. There should be language addressing that as well. You will also want to make sure that there is a mechanism as to how members may dissociate from the company and whether the remaining members will have any buy-out rights. Next, the Operating Agreement should clearly address how profits and losses will be allocated. This goes hand in hand with how distributions will be made to the members, if any. Typically, if it is a manager-managed company, the manager will determine when the distributions must be made. All of the items which need to be voted on, along with the required voting percentages, need to be included in the Operating Agreement. The Operating Agreement should address whether the members will be able to transfer their membership interests in the company. Some third-parties may be considered permitted transferees. Additionally, the Operating Agreement should generally state that it will indemnify the members in the event of a lawsuit, under certain circumstances. Lastly, the Operating Agreement should always have a dispute resolution mechanism, indicating how disputes are to be handled. I routinely assist business owners by drafting Operating Agreements, along with other complex legal documents. Please let me know if I can ever be of assistance. Thank you.
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