Skip to content
MS-Logo-UP
Client Reviews

1.800.481.2180

  • Contact Us
  • Home
  • Blog
  • What We Do
    • Business Compliance Services
    • Business & Contracts
      • Choosing a Business Lawyer for NC Corporations and Other Small Business
      • The Number One Problem for Small Limited Liability Companies
      • How To Dissolve a Corporation in North Carolina?
      • 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 2) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 3) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 4) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 5) 5 Considerations as to Your Business’ Negative Internet Review
      • Are Negative Reviews Really Bad for Business?
    • Limited Liability Company
      • Your New LLC – Part 1: The Basics
      • New LLC: Maintaining Limited Liability Protection
      • Your New LLC – Part 3: Federal, State and Local Registration, Licensing and Permitting
      • “Your New LLC” – Part 4: Transacting Business in Another State
      • “Your New LLC” – Part 5: Moving Your LLC to Another State
    • Mortgage & Foreclosure
      • Hearing Results
      • Mortgage Problems – Should You Trust Your Lender or Loan Servicer?
      • When to Hire an Attorney for Foreclosure and Mortgage Relief
      • Mortgage Loans: Recourse versus Non-Recourse and Foreclosure Related Deficiency Judgments
      • Negotiating with a Bank: Why do I have to Provide My Financials?
      • Can the HOA (Homeowners’ Association) Foreclose on my Home?
    • Real Estate Cases
      • Breach of NC Real Estate Purchase Contract – Buyer’s Damages in NorthCarolina
      • Private Mortgage Insurance (PMI) – What is the Borrower Really Paying for?
    • Real Estate Closings
    • Disputes & Lawsuits
      • Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 1)
      • Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 2)
      • Arbitration versus Mediation
      • Responding to a Lawsuit Complaint
    • Tax & IRS Matters
      • S-Corp Tax Election for LLC
      • Comparison of Subchapter K v. Subchapter S
      • Employment Tax Considerations in Starting a Business
      • Is your Worker an Independent Contractor? (The IRS Cares!)
    • Wills, Trusts & Estate Planning
      • Congrats, You’ve Inherited a Mess
      • When Should I Write a Will?
      • Top 5 Reasons to Change Your Will
    • Prenuptial Agreements
      • Recently Engaged? 5 Reasons Why You Should Consider A Prenup
    • Other Practice Areas
      • Indemnification in Contracts: What if Both Parties Are at Fault?
      • Indemnification in Contracts: Should You at Least Have to be Guilty as Charged?
      • Venue Clauses in Contracts – Beware Listing Only the County and State
    • Limited Scope Services
      • Arbitration Agreement: How to Get to Arbitration if A Lawsuit Was Filed First
      • Follow the Contract’s Arbitration Clause or File a Lawsuit?
      • Arbitration: setting the rules and identifying which arbitration organization will be used
      • Why does your Corporation or Company Need a Registered Agent?
  • Who We Are
    • Jason A. McGrath
    • James M. Spielberger
    • Kelly J. Brown
    • Todd E. Gonyer
    • Trent Grissom
  • Where We Practice
  • Client Services
    • Helpful Resources
    • News & Updates
  • Consultations
    • About McGrath & Spielberger’s Intake Form

Category: arbitration clause

Why Are Legal Agreements so Long and Complicated?

Posted on January 11, 2024January 11, 2024 by g83js92js91
Categories: arbitration, arbitration clause, Business Law & Contracts, Dispute, jurisdiction

 

Most people (including business owners) want (or think they want) “just a very basic contract – 2 pages, not 10 pages”. There could be many reasons for this; they often include one or more of the following.

(1) They themselves want to be able to understand the contract.
(2) They think the legal fees for the agreement will be less expensive that way.
(3) They don’t want to “scare the other side away with an intimidating legal document.”
(4) On average, human beings have shorter and shorter attention spans and less desire and ability to focus on details – this includes some lawyers.

Of course, what a “basic contract” is varies from situation to situation and party to party.

Some contracts are longer than they need to be and more detailed than they need to be, with very little benefit to the extra content. However, most of the time the “details” which cause some to think the contract is “too long” are important *or could become important*.

Don’t drive without a seat belt, randomly hoping that everything goes perfectly – let the lawyer help you with common sense, reasonable protections.

Here are a few straight forward, real world examples of contract topics which many clients might assume are unnecessary, accompanied by reasons that content can be important and should be considered for inclusion. This is not an all-inclusive list.

Screenshot 2024 01 11 143055

Posted in arbitration, arbitration clause, Business Law & Contracts, Dispute, jurisdiction

Business Contracts – Be Very Careful With Changes To Your Legal Agreements

Posted on January 5, 2024August 22, 2024 by g83js92js91
Business Contracts – Be Very Careful With Changes To Your Legal Agreements
Categories: arbitration clause, Business Law & Contracts, lawsuits, Uncategorized

One of the most frequent problems we business lawyers at McGrath & Spielberger encounter is when changes were made to a section of a legal agreement but the parties (or even their lawyers) failed to realize that said change should have resulted in other content being adjusted.

We sometimes call this a failure to harmonize the contractual changes, and further below are a few clear-cut, real world examples.

If you’re not an expert, or close to it, you’re not going to know enough to avoid these sorts of mistakes. We all have “swiss-cheese” knowledge (holes in our understanding), especially in fields which are not our own.

Just hire a sufficiently qualified professional to protect you by detecting and/or avoiding these sorts of mistakes in your business agreements.

Screenshot 2024 01 05 130946x

Posted in arbitration clause, Business Law & Contracts, lawsuits, Uncategorized

Follow the Contract’s Arbitration Clause or File a Lawsuit?

Posted on February 4, 2019April 25, 2022 by g83js92js91
Categories: arbitration, arbitration clause, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Dispute, Jason A McGrath, lawsuit, North Carolina, series

Attorney Jason McGrath explains some things to consider when deciding whether to follow a contract’s arbitration clause or file a lawsuit in this short video.

Click here to watch on YouTube or watch the video below.

Here are some of the key points contained in the video:

  • How do you end up in arbitration vs. in court?
  • Typically, someone has to decide – do we follow the arbitration clause or just file a lawsuit?
  • Parties usually just file a formal lawsuit as if there is no arbitration clause.
  • There can be some negatives to ignoring the arbitration clause.

You should have your attorney take a look at the contract and then make a careful decision on how to proceed based on a through legal analysis of your case and the contract.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

cropped logo2Bseal2Blarge 3

Save

Posted in arbitration, arbitration clause, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Dispute, Jason A McGrath, lawsuit, North Carolina, series

Arbitration Provisions: Law & Venue Video

Posted on November 7, 2017 by g83js92js91
Categories: arbitration, arbitration clause, contracts, Dispute, Jason A McGrath, settlement, state law, venue, video
Arbitration is sometimes referred to as ADR, which stands for alternative dispute resolution. Simply put, it is a legal procedure in which an unbiased third-party attempts to settle a dispute outside of court. In this two minute video, Attorney Jason A. McGrath of the McGrath & Spielberger law firm discusses the logistics of an arbitration proceeding.

Arbitration Provisions: Law & Venue

1.      Where is the arbitration to take place?
2.      What state’s laws apply?

Make sure that the arbitration clause in your contract provides that the arbitration will take place in a specified geographical area (city, county, even state). You’ll also want to have the arbitration clause specifically provide that the laws of a certain state will be applied.

Be careful to protect your interests when drafting the arbitration provisions in your contracts.

Posted in arbitration, arbitration clause, contracts, Dispute, Jason A McGrath, settlement, state law, venue, video

Categories

Recent Posts

  • Business Ownership Deals (Part 6 of Series): How Many Different Attorneys Need To Be Involved?
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs – Part 5, Filings With The Secretary Of State
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs – Part 4, Operating Agreement (“OA”) Changes
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs – Part 3, The Company Resolution
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs (Part 2)

McGrath & Spielberger, PLLC

Tweets by JasonMcGrathLaw

Sitemap

  • Contact Us
  • Home
  • Who We Are
  • Where We Practice
  • Consultations
  • Blog

What We Do

  • Business & Contract Law
  • Limited Liability Company
  • Mortgage & Foreclosure
  • Real Estate Cases
  • Disputes & Lawsuits
  • Tax & IRS Matters
  • Wills, Trusts & Estate Planning
  • Prenuptial Agreements
  • Other Practice Areas
  • Business Compliance Services

Location

Directions

Contact Us

7300 Carmel Executive Park Drive, Suite 300, Charlotte, NC 28226

info@mcgrathspielberger.com

1.800.481.2180


fb


tw


yt


ld

google

The attorneys responsible for this website are Jason McGrath and Jim Spielberger. At least some of the content of this website may be considered attorney advertising in some jurisdictions. For information about our website privacy policy and terms and conditions, please click here.

Attorney Website Design, Legal Search Engine Optimizations and Lawyer Online Advertising by Leads Online Marketing Services.