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Idaho Construction Litigation

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Idaho Construction Litigation

Failure to Pay

If you are a contractor, developer or commercial landlord owner, you may be concerned about competitors seeking to undermine your relationships with general contractors and owners. You may be worried about getting paid for the work you are doing. You may be getting sued for not getting a job done on time even though it rained for three straight weeks. If that’s the case, we urge you to contact us to assist you.

What Exactly Constitutes a Breach of Contract?

Though contractual agreements vary widely in their nature and purpose, their basic goal is the provision of money, goods, actions, services, or promised refrain from action by one party to another. These items of value are called “consideration” in legal terms, and without them, a contract would not exist.

Perhaps a vendor has failed to meet an important deadline. Or maybe an employee has caused detriment to your company by breach of an employment contract or non-disclosure / non-compete agreement. From general contract disputes to tortious interference with a contract, your attorney can fight for your legally enforceable rights and best interests while you focus on moving your company forward.

Unfair Competitive Practices

If you have a contract with an owner or general contractor to perform services, a competitor may seek to get the owner or general contractor to breach the contract with you. This can cause you considerable loss of work and income. You may sue for interference with contractual relations.

Interfere with Prospective Business

Similarly, if you have an ongoing relationship with a general contractor, you have reason to expect much future income from this relationship. If another seeks to poison your relationship by spreading lies about you to the general contractor, you may file claim for interference with prospective business advantage.

Filing a Lien

Your biggest problem may be just getting paid for what you do. Where the general contractor does not pay you, you may file a mechanics’ lien. This puts the owner on notice that the general contractor may be pocketing the money. Furthermore, if you do not then get paid, you may foreclose against the whole project. The matter will then land in court where the judge will sort matters out and order your fee paid.

Speak with a Taylor Law Office representative to learn what we can do for your business! Contact our office today on (208) 342-3006.

Frequently Asked Questions

If a matter is already in litigation, the business should consult an attorney immediately. However, even if the matter is likely to lead to litigation, there are a number of steps that can or should be taken to protect the interests of the business in preparation for anticipated litigation. The knowledge of a dispute that may lead to litigation could create certain legal obligations for the business, such as the requirement to preserve of records, to avoid additional liability. Also, getting the advice and guidance of an attorney early on in a dispute may help to develop an overview of legal rights and a cost-benefit analysis of different responses, such as settlement, litigation or other alternative dispute resolutions. Often times litigation can result simply from mismanaging a dispute that could have been resolved informally with less time and expense with appropriate legal guidance from the start. Many business owners who attempt to “do it themselves” to save money end up spending more on attorney’s fees after they have created or complicated their legal issues unnecessarily.

Verbal contracts are generally enforceable, with some exceptions. Verbal contracts can sometimes be difficult to prove, not because they have less effect than a written contract, but because the evidence of their existence is less certain. A Idaho business litigation attorney can review a potential dispute over an oral contract and advise on enforceability, defenses and potential litigation strategies.

If a corporation is the chosen entity, the basic steps are to choose the state of incorporation, file electronic articles of incorporation with the appropriate secretary of state, obtain an EIN number from the IRS and file any appropriate tax election, create by-laws, have an initial meeting of the founders/incorporators to adopt the by-laws, approve and adopt pre-incorporation actions, elect the board, appoint officers, distribute shares, allocate responsibilities, create and open bank accounts, obtain and recognize ownership contributions, create and execute a shareholder agreement and other appropriate documents (such as NDAs, non-competes, assignment of IP, employment agreements, etc.) and begin operations.

Idaho provides a corporate tax, filing, administrative and legal system that many people find appealing when compared to other states. Idaho offers limited public disclosure of owners and related parties on its public filings. Idaho statutes and caselaw are very robust, allowing for a lot of guidance and predictability on internal corporate legal issues. Idaho also has a number of tax provisions which may be favorable to incorporating in Idaho for certain types of companies. Where to incorporate is a decision that must be made on a case-by-case basis.

There are many reasons to consider buying an existing business. First, purchasing an established business saves you a considerable amount of time by not having to deal with any of the startup process. Additionally, the business will have already gathered important information about the nature of the business, how to improve success and what mistakes to avoid. When time is one of the most valuable assets in a business, purchasing a business can save you a lot of it.

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