Commercial

The art of negotiation and the skill of contract preparation are required to assure that our clients receive the best representation in each deal. Understanding not only what is in the contract, but how the deal will affect our clients' strategies and goals is also essential, as is knowing when to halt the process and ink the deal. At Schwaninger & Associates we know that there is no better insurance policy to sane and profitable business than a well drafted, clear, and concise contract, and all our contracts are customized agreements that are created to serve the unique needs of a client. All to often parties find themselves in disputes over contractual matters that could have been avoided with proper contract negotiation and preparation. Our firm prides itself on our desire to ensure a client understands every aspect of a contract and that all questions are answered with clarity before signing, not after.

Breach of Contract

One of the most common areas of commercial litigation, effective legal representation in a breach of contract situation requires that counsel have a solid understanding of how contracts are constructed and interpreted by the courts. The attorney must know when the courts will look beyond the plain terms of an agreement, and when you can hold someone to the letter of the agreement. Our representation is designed to give you the best advantage in assuring that your contracts work for you when controversy arises.

Business Torts

The range of business torts is wide, from trespass to interference with a contract. A smart business person knows when to sue and when to walk away. A knowledgeable defendant knows when to settle and when to resist. Our approach to business torts is practical, based on determining what your return on your investment in litigation might be.

Buy/Sell Agreements

Whether one is buying or selling assets, the terms of the contract will radically affect the advantages gained by entering into the deal. If due diligence is required, it must be done with speed and accuracy, and with an eye on overall value. When selling, the asset must be properly identified and the paperwork clear to assure the buyer's confidence and net the highest price. Our attorneys walk a client through the necessary steps and provide them the advantages of skilled negotiation that will result in benefits and advantages long after the deal is done.

Commercial Leases

Whether one is a landlord or tenant, a commercial lease of property will greatly affect ultimate profitability and margins. A lease can be an invitation to years of trouble, or can properly lay out and articulate a good working relationship between landlord and tenant. Schwaninger & Associates prides itself on developing and writing lease agreements that are reasonable and clear, allowing both parties to enjoy a mutually beneficial relationship for years.

Financial Misdealings

When money is involved, the potential for litigation rises rapidly. Our ability to follow the money trail and read accounting ledgers will help you find the facts that are necessary to bring a claim or protect yourself from the allegations of others.

Goods/Services Agreements

Every business has vendors to provide goods and services, but every vendor contract is not the same. Some are poorly drafted, leaving the vendor open to collection problems, or leaving the customer vulnerable to abuse by poorly performing vendors. By having our firm review and negotiate vendor agreements before they are signed, you can be assured that your business is in the best position to move forward confidently.

Performance Agreements

Many contracts focus on one party's duty to perform a service or deliver certain goods, on time and in a particular manner. When your business has been made to suffer because a contractor did not perform as promised, you have the right to seek a remedy for their failures. And, if you are the performing party, you have the right to timely payment. Our representation focuses on your rights and duties, to assure that your business does not suffer due to the failures or frivolous claims of others.

Settlement Agreements

Our firm is skilled at settlement negotiations and writing settlement agreements, whether between litigants or among persons terminating a business or one or more individuals' participation in the business. Finding equitable terms and ways that parties can part in a professional and businesslike manner is our goal. Let us help you through what is often a difficult time.