Cain & Kiel Law

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Recent Blog Posts

Mechanic's lien can be complex but effective

 Posted on December 11, 2017 in Uncategorized

In your business, you can't take for granted timely payment. When you have employees, suppliers and you own bills to pay, waiting for a contractor or property owner to compensate you for the work you have finished can be frustrating and damaging to your business. You may know that you have the right to file a mechanic's lien if a customer doesn't pay within a certain amount of time. However, the process may seem complicated and time-consuming.

That's because it is. Nevertheless, a mechanic's lien may be your best advantage to getting payment that you deserve for the work you have done. While you may be able to access online services to attempt to file a lien, the complex nature of the process means you are taking risks with your company that you may not be able to afford.

Providing preliminary notice

If you are a contractor or subcontractor who has not received payment for work you did on a construction project, you have every right to pursue payment through any legal means. A mechanic's lien is an assurance of that payment. However, the lien must be filed properly, meet all deadlines and coincide with the laws of the region in which the project exists. Since each state has its own laws, seeking professional assistance is always a wise decision.

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Could your business benefit from a non-compete agreement?

 Posted on November 16, 2017 in Uncategorized

Having a valued team can help any business successfully go through its daily operations and work to meet future goals. Of course, as the business owner, you want to ensure that any team members you have will protect important company information and not damage business operations should they choose to leave the company. Though this task may seem difficult, you may have the ability to create safeguards.

In particular, you may want to ensure that any business competitors cannot obtain business information from your company should a former employee of yours choose to work for a similar company. As a result, you may choose to create a non-compete agreement in hopes of protecting your company's best interests.

What is a non-compete agreement?

A non-compete agreement is a type of contract that dictates that, when an employee leaves the company, he or she cannot obtain employment by a competitor. Of course, these types of agreements need to have specific details, as you cannot simply bar an individual from gaining employment in certain areas or from certain companies forever. Therefore, your agreement must meet legal standards, including:

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Make no dispute: Contract disagreements can hurt your bottom line

 Posted on October 14, 2017 in Uncategorized

As a Texas business owner, you likely use contracts as an integral part of your overall business structure and regular transactions. From the signed agreements you may have with your employees to deals you set in writing with other companies, signing your name on the dotted line is probably quite familiar to you. Hopefully, you know enough about contracts to understand their importance in relation to your bottom line interests. Put another way, contracts gone bad can do a lot of damage to your business.

Therefore, like most savvy business owners, you do your best to make sure you clearly understand all terminology, obligations and responsibilities contained within a proposed agreement before you add your signature. Even then, problems may arise down the line that bring the validity of a certain deal into question. This is where a notary public can be a great asset.

A notarized contract is a solid contract

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Important HR needs in your business

 Posted on September 21, 2017 in Uncategorized

As your business continues to grow and you hire more employees, you are likely finding yourself taking on more roles within the business, particularly the role of the human resources representative. Whether you hire someone for this position or manage the department yourself, much of what HR does is preventative, from the interview process through the completion of separation surveys.

It may seem overwhelming, but through HR proactivity, your employees know their rights and responsibilities, and you have clear guidelines within which to act. Therefore, it may benefit you to take a close look at your HR department to ensure there are no gaps or oversights that may come back to bite you in the event of a dispute or accusation.

Handling handbook issues

Your employees may frequently overstep their boundaries if they are unsure of where you have set those boundaries. This is why an employee handbook is a vital tool for a business, no matter how few employees you have. Business advocates recommend a frequent review of the policies and rules in your handbook to keep it current with any changes in the laws or expectations within the company. Some important features you will find in successful employee handbooks include:

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What mediation can do for your small business

 Posted on August 17, 2017 in Uncategorized

If you own and operate your small business for any length of time, you will more than likely end up in a dispute with another business, a vendor or a customer. In many cases, the dispute can be resolved with minimum fuss.

In other cases, however, the dispute seems to only grow and fester. You or the other party involved may begin talking about litigation as a way to resolve the issue. Fortunately, there is another option that could work out better for all of the parties involved: mediation.

The highlights of mediation

When you participate in mediation, you agree to allow a neutral third party to help guide you through negotiations. Each party receives the opportunity to present his or her side of the story. Thereafter, both parties and the mediator propose options for resolution. The mediator keeps both sides on track and can provide potential solutions.

When you and the other party reach an agreement, a settlement memorializes your agreement. Because each side listened to the other and had input into the agreement, satisfaction is often higher than through litigation. If any similar issues come up between the parties in the future, a foundation of cooperation and compromise already exists.

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How important is your business model?

 Posted on July 17, 2017 in Uncategorized

In Texas and throughout the nation, entrepreneurship is the wave of the future. In fact, many people are choosing to forgo post-secondary education in favor of stepping right out into the deep to give their business-related dreams a try. Some people are better prepared to launch such ventures than others. Creating a successful business may be your current dream, or, are you one of the lucky ones who has already brought your dream to fruition? Either way, you're likely familiar with the topic of choosing a business model.

If someone asked you to rate choosing a business model on a scale of importance with one being insignificant and unnecessary and 10 being absolutely crucial to entrepreneurial success, how would you score it? Hopefully, it would score high.

The bottom line

Many entrepreneurs love the challenge of creating and building new companies. Others aren't so crazy about the start-up process but really enjoy maintaining a business, interacting with clients and providing products and/or services after a business is established. Perhaps, you like both processes and can relate to most other business owners who focus on making money as an ultimate goal. The following business model ideas may help you forge a path to productivity and profit:

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Do I need a contract for new hires?

 Posted on June 14, 2017 in Uncategorized

The success of your business is something for which you have worked hard. However, with more business comes added responsibility. Among those responsibilities may be hiring more employees to learn about your brand or your particular way of offering a service.

Bringing new workers into the company may also bring questions about protecting your brand, preventing misunderstandings and reducing the possibility of legal trouble. Perhaps you are considering implementing an employee contract to accomplish these goals.

What should my contract include?

An employee contract can go a long way in protecting your business. You will be able to train your employees well, knowing they've committed to staying until the contract expires. You can also protect any company secrets or client lists that are the heart of your business. Your contract can include the expectations you have for your workers, allowing you to control the quality of your product by eliminating workers who don't meet the standards in their contracts. Some of the elements in a typical contract may include:

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Protect business interests when a special someone is interested

 Posted on May 19, 2017 in Uncategorized

If you worked long and hard to build a business in Texas, you most likely understand how crucial it is to protect your interests. Like other business owners, you live a dual life. There's your professional side, and then there's your personal life. Building, launching and sustaining a business takes a lot of time. Many business owners will tell you they don't have much time for private lives, but most try to fit a little rest and relaxation into their schedules from time to time.

Perhaps you were able to do so and finally met that special someone. Maybe you were even lucky enough to find a partner who fully supports your entrepreneurial efforts and is willing to make whatever sacrifices necessary to help keep your business afloat. As the two of you consider marriage, you might want to think ahead and be as prepared as possible for any curve ball life may throw at you one, five or 10 years from now.

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What's next? Planning your exit from your small business.

 Posted on April 20, 2017 in Uncategorized

Successfully owning and operating a small business is part of the American dream for many people. As a Texas business owner, you know the challenges that can come from being your own boss and navigating the complications of entrepreneurship, but that should not stop you from thinking ahead to your future.

It is easy to have your complete focus on the present to the point that you forget to think about what will happen in the future, but succession planning is important. Regardless of the type or the size of your small business, you will find peace of mind in knowing that you have planned for contingencies and protected the interests of your loved ones.

Important questions to answer

Simply telling your spouse or a loved one how you want to leave your business is not enough. Whether it is after your unexpected passing or retirement, something is going to happen to your business. You have the right to decide exactly what happens to it, and you can do this with a proper succession plan.

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Partnerships on the rocks

 Posted on March 24, 2017 in Uncategorized

Maybe you were friends since high school or you met in a university business class. Wherever your partnership began, it blossomed into the business arrangement that has served you successfully for years. Lately, however, you and your partner are not always seeing eye to eye.

With some foresight, you may have drafted a partnership agreement early in your business relationship. That agreement can guide you as the two of you make decisions about the direction in which you want to go. If no such agreement exists, you may want to consider how you can protect your interests in case the disputes escalate into a storm.

Getting to the root of the problem

Partners grow apart. It happens. You and your associate may have differing ideas about the future of the company, or your personal lives are interfering with your work relationship. There may be another cause altogether. Some common reasons why partnerships flounder include the following:

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