Contract Negotiations & Contract Law

Bismarck, North Dakota Contract Negotiations & Contract Law Attorney

From small startups to publicly traded international companies, every business is built on a stack of various negotiations, contracts, agreements, and legal understandings. At Germolus Knoll & Leibel LLP, our attorneys draw on over 60 years of combined legal experience to help you negotiate a wide variety of contracts and contract negotiations. We are capable of assisting you with merger agreements, non-disclosure agreements, technology licensing contracts, employment agreements, professional services contracts, and more.

A poorly written contract can make or break a business deal. That is why procuring an established and dedicated contract lawyer is absolutely essential for a business to stay successful. We can help you review, negotiate, draft, and analyze contracts to ensure that your best interests are always protected. We are here to help prevent legal mishaps before they can even happen—and to fight our hardest for you in the unfortunate case that they do.

It can be hard to write, review, or even understand a contract without professional legal help. Our attorneys know how to assess each party’s responsibilities and obligations in every possible case of contract breach and how to go about remedying the situation. At Germolus Knoll & Leibel LLP, we are experienced in working with insurance companies and challenging wrongdoing, regardless of from whom it comes. We work hard to get our clients top dollar verdicts while minimizing any potential losses on your behalf.

Whether you are negotiating with small businesses or Fortune 500 companies, no matter is too small or too big for us to handle. Similarly, from small, privately-owned mom-and-pop businesses to corporations with internationally known household names, no client is too small or too big for us to give our top priority to. We can also provide you with legal counsel on business contract-related matters including hiring, firing, capital raises, and risk shifting. Moreover, we can help you negotiate various business transactions and take any deals that have gone bad into litigation.

Contact Germolus Knoll & Leibel LLP today to schedule an initial consultation with one of our hardworking and accomplished contract law attorneys. During our consultation, we will go in depth on any and all concerns you may have to do all we can to ensure your business’ continued growth. We can provide you with anything from legal counsel and contract drafting to helping you calculate the next step to prevent or fight any potential legal battles.

Areas of Contract Negotiations & Contract Law That We Can Handle

Contract law covers a vast array of legal issues, many of which will affect every business at one point or another. Because these laws are often complex and hard to understand, discussing your options with a lawyer is always the best option to take—regardless of what kind of contract law issue you have. At Germolus Knoll & Leibel LLP, we can help you with the following types of contract law and more:

Employment Contracts Employment contracts are likely the most common type of business contract in North Dakota. Technically speaking, every employment relationship is contractual — regardless of whether or not the terms of that employment are ever put into writing. Thus, employment contracts, such as employment relationships, can come in many different forms. These forms include employment at will, employment based on an implied contract (such as an offer letter or a verbal agreement), and employment based on an express contract (such as an individually written contract or a collective bargaining agreement).

Once both parties have understood and mutually agreed upon the terms of the contract, the most important part of the contract is ensuring that they have both understood and mutually agreed upon those terms and then do everything in their power to preserve those terms. For example, employers who hire at-will employees must take care to avoid using any language that may imply indefinite employment. However, employers must also take similar care with their language when dealing with express employees as well. Because it may feel like there are many ambiguities inherent to things of this matter, a lawyer will be able to help you understand the specific actions you can take to protect yourself.

Shareholder Agreements When it comes to North Dakota corporations, shareholders in corporations that are not publicly traded have slightly different inspection rights than shareholders in corporations that are publicly traded. For example, shareholders in corporations that are not publicly traded have the right to, under a written demand, inspect and copy certain corporate documents. These documents include the share register, records of proceedings of shareholders and the board from the past three years, certain financial statements, reports made to shareholders from the past three years, voting trust and shareholder agreements, articles of incorporation and bylaws, and other specific agreements and contracts. In certain cases, shareholders may also be able to request other corporate documents for inspection.

North Dakota shareholders also have the right to petition for a corporation’s involuntary judicial dissolution if they feel that those in control of the corporation are partaking in fraudulent, illegal, or prejudiced conduct against at least one of the shareholders.

Non-competes Non-compete, also known as a restrictive covenant, is a type of employment contract used to limit an employee’s ability to steal customers or trade industry secrets from the employer. These agreements may also be used when a partnership is being dissolved or when a business is being sold. Non-compete agreements must be considered “reasonable” enough by the court to protect both the employer and the employee’s business interests and freedoms. Generally speaking, the courts will decide what is considered reasonable or unreasonable based on certain factors, such as the size of the business, the type of the business, where the restrictions should apply, etc.

Furthermore, in North Dakota, any contract “by which anyone is restrained from exercising a lawful profession, trade, or business of any kind” between employees and employers is prohibited. However, exceptions may be provided in the case of the dissolution of a partnership or the sale of a business.

Loan Documentation North Dakota laws regarding payday loans are similar to those in many other U.S. states. Both traditional, physical storefront and online lenders are covered by the law, and every loanee who gets a loan should make sure to get a written agreement. Each agreement should contain the loanee’s name, the loan sum, the rates charged, the APR, and the date when the loan was deposited. The day after applying for a loan, the loanee has the right to return it back without charges by 5:00 p.m. on the next business day.

In North Dakota, an individual can be loaned up to a maximum of $500. However, there is no minimum sum requirement. Lending companies in North Dakota can also charge a maximum of 20% of the initial loan amount. Individuals in North Dakota can keep a loan for up to 60 days and are allowed rollovers, and their fee cannot be more than 20% of the initial loan. However, they are also required to wait three business days before taking out their next loan.

Property Disputes North Dakota’s fence laws define landowners’ responsibility for their building and boundary fence maintenance. A boundary fence refers to any fence that runs along a boundary line separating neighbors. Adjoining landowners are both responsible for the maintenance and upkeep of such fences. In the case that one landowner decides to erect a fence that exceeds the definition of a “legal fence,” then that landowner will become solely responsible for the entire cost of that fence.

In addition to this, North Dakota law recognizes “fence viewers”—those individuals who have the responsibility of resolving fence-related disputes. While state laws do not address “spite fences” specifically, they do recognize a property owner’s right to trim any encroaching tree branches on their property. However, a property owner who damages a neighbor’s tree while doing so may become liable for the injury.

If you are in need of any contract negotiating or have any contract law questions that you need to be answered, contact the experienced lawyers at Germolus Knoll & Leibel LLP today.

Experienced North Dakota Contract Negotiations & Contract Law Attorney

When it comes to business law and contract negotiation, a well-written contract can make or break your success. A good contract lawyer, much like a good contract, can even help prevent future disputes. If you ever find yourself in need of legal assistance while trying to draft the perfect contract, after being the victim of a contract breach, or just while in the midst of negotiations with any business (big or small) in the Bismarck area, do not hesitate to contact our qualified lawyers at Germolus Knoll & Leibel LLP.

Schedule an initial consultation today to discuss all of your contract-related legal issues with an attorney today. We will go in depth on any issues that concern you, solve any current issues you may have, seek arbitration and/or litigation on your behalf when necessary, and help you plan for your continued and future success. With over 60 years of combined legal experience, we have gained the respect of our peers and judges in our community and have successfully handled every type of contract negotiation in the state.  We can help you too.  Call us today to speak with a skilled contract negotiation & contract law attorney about your specific situation.