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What are Sample Contracts

What are Sample Contracts

Using sample contracts can help individuals to create contracts that will adhere to the basic tenets of contract law while still being able to adapt to the contract in question to adhere to and suit the particular needs of the contractual situation in which they find themselves. Contract forms may be created that will provide blank spots in the sample contract into which a party will be able to affix their name or any other relevant information needed to transform the sample contract form into a legally recognized valid contract.
Contract forms can exist for the sale of goods, to form employment contracts, to create a relationship between a landlord and tenant, to form a legally valid will or trust, to form consent or release documents, and to create contracts for marriage or cohabitation.
Other examples of sample contracts include: event contracts; household services contracts; durable power of attorney contracts; medical directives; other health and medical contract forms; a variety of job contract forms, such as independent contractor agreements, consultation contract forms, project management contract, or a sample contract for bidding on a job; professional services contracts, such as a sample contract for child care, sample contracts for models, contract forms for a lien, a housing board contract, a sample contract for maintenance, or model, painting, or photography sample contracts; contract forms for real estate sales, rental contracts, general sales contracts, or miscellaneous other forms of contract.
 

Government Files Lawsuit against Fluor Companies

Government Files Lawsuit against Fluor Companies


On November 8, 2012, the Department of Justice announced that the United States government is intervening in a case against Fluor Corporation and its subsidiary, Fluor Hanford Inc, after the Texas-based companies used federal funds for lobbying activity.  The lawsuit for violations of the False Claims Act was first filed by a whistleblower, Loydene Rambo.  


According to the Justice Department, Fluor had a contract with the Department of Energy (DOE) for multiple services at the Hanford Nuclear Site in Washington State between 1999 and 2008.  The facility is federally funded.  


According to the original complaint, part of the DOE contract stated that Fluor could not use the federal funds for lobbying.  The whistle blower’s complaint alleged that Fluor used the funds for lobbying from 2005 to 2008 anyway.  The company hired two lobbying firms, Secure Horizons LLC and Congressional Strategies LLC, to lobby members of Congress and federal agencies.  


The United States has agreed to intervene in the case against Fluor, but the government will not intervene in cases against Secure Horizons LLC and Congressional Strategies LLC.  Since Ms. Rambo filed the lawsuit under the False Claims Act, she can share a percentage of the recovery with the United States government.  


Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice, stated: “The taxpayer money Congress allocated for this program was for training federal emergency response personnel and first responders, not to lobby Congress and other for more funding.  When public funds are misused, as alleged in this case, the Justice Department will work to restore them to the Treasury.”


The Civil Division of the Justice Department and the U.S. Attorney’s Office for the Eastern District of Washington are handling the case and receiving assistance from the Department of Energy Office of Inspector General.  


Source: U.S. Department of Justice
 

Important Facts About Breach of Contract

Important Facts About Breach of Contract

What is a Breach of Contract?
A breach of contract occurs when a party, who agreed to formulate a contractual obligation with another party, does not carry out the intended function of the contract. As a result, a breach of contract is a legal cause of action where the binding agreement latent in the contract, is not honored by one or more of the parties to the contract. 
A breach of contract can result in an individual not carrying-out a specific performance that was expected by the contract or by interfering with the other party’s ability to perform the task. 
If a party, who agreed to formulate a contract with another party, does not fulfill his or her contractual promise or has given information to the other party that he or she will not perform his expected duty as labeled in the contract, the party is said to have performed a breach of contract. In addition, if the individual is unable to perform the obligations latent in the contract for whatever reason, a breach of contract is present. 

Types of Breaches:
Minor Breach of Contract: A minor breach of contract constitutes a party’s inability to perform the full task expected by the contract; a minor breach of contract is referred to as an immaterial or partial breach of contract. In these instances, the non-breaching party cannot sue for specific performance, and can only seek legal action for actual damages sustained. 
Material Breach of Contract: A material breach of contract is realized through any failure to perform, which ultimately permits the other party to the contract to collect damages because of the breach or compel performance. 
Fundamental Breach of Contract: A fundamental breach of contract is a breach that permits the aggrieved party to terminate performance of the formulated contract. In these scenarios, the non-breaching party is entitled to sue the breaching party for damages sustained. 
Anticipatory Breach of Contract: A breach of contract through anticipatory repudiation is an unequivocal indication that the party refuses to undertake the project or deliver performance as stipulated in the contract. Included in this type of breach, is a situation where a future non-performance is inevitable. This type of breach of contract allows the non-breaching party the option to treat the breach as immediate, which ultimately allows them to terminate the contract and sue for damages, without waiting for the actual breach to take place. 

Remedies of a Breach of Contract:

In most instances, the judicial remedy for a breach of contract is the delivery of monetary compensation for damages incurred. If the failure to perform or satisfy the contractual obligation cannot be redressed through monetary compensation, the underlying court may enter an equity decree, which will award an injunction or the delivery of a specific performance. 
The aggrieved person possesses the obligation to mitigate damages through reasonable means. In the United States, under contract law, punitive damages are typically not awarded for a breach of contract but may be awarded for other causes of action in a lawsuit. 

Make Sure You Know the Basic Principles of Law of Contract

Make Sure You Know the Basic Principles of Law of Contract

What is the Law of Contract?
As is common with the majority of legal principles, the basic fundamentals of contract law will vary by jurisdictions throughout the United States. In all jurisdictions; however, a contract must require an offer, a subsequent acceptance or agreement to the stipulations within the contract, and consideration.
These characteristics are in essence, the foundation for a document to be regarded as a legally binding and valid contract.
 
Basic Principles of the Law of Contract:
The law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. A common example to elucidate upon this principle is found in the sale of property; the purchaser, in this example, must make an offer to purchase the underlying property. This offer may include simplistic or complex terms, but it must be concrete and affirmed through written documentation.
Following the offer, the contract, as stated by the law of contract, must be accepted by the offered party. Using the sale of property as an example, the seller must affirmatively accept the offer; the original offer may be accepted in a written or spoken form.
If the offered party proposes a counteroffer, an acceptance is not realized. When a court determines whether or not an offer and acceptance was realized, the judicial body using the law of contract will look for a formal meeting or a concurrence of wills to decide if the requirements latent in the offer and acceptance statutes of the law of contract had been satisfied.
Lastly, the basic principles of the law of contract will require consideration to be given for the contract to maintain a legal or valid status. Consideration simply means that something of value was exchanged between the agreeing parties. In most instances, the consideration takes the form of money or an asset that holds considerable value.
In some scenarios; however, consideration can take the form of refraining from performing a function or doing something that the party is otherwise entitled to initiate. Regardless of the form, the consideration given must be sufficient, but does not need to be adequate to validate the stipulations latent in the contract.
 
Court Evaluations of a Contractual Agreement:
 
In addition to the basic principles of the law of contract, a court system, when evaluating the validity of a contractual agreement will evaluate the capacity of the party’s when the agreement was reached. The capacity to enter into a contract may be affected by numerous factors; for instance, minors do not possess the legal capacity to enter into a contract. In addition, a person’s mental state may also be considered when evaluating whether the person had the capacity or ability to enter into a valid contract.
Numerous courts will look to the legality of a contract when determining its validity. If a contract requires an individual to do something illegal, it will be deemed void on its face.

Definition of Designation

Definition of Designation

Designation is the term used to describe ownership one has over something. Designation is used commonly with wills and trusts. Designation of record is what the writer of the will or trust creates to submit to the court so that the court knows and understands who is in full control of the contract and the individual’s estates and assets after they have passed.
Designation of Record must be completed with the creator of the contract, the individual who will hold designation, and a lawyer. After the creator and the designator have settled on an agreement, the Designation of Record will then be signed off on and delivered to the court. Finally, the court will approve of the documents and the contract will be put into place. Generally, the contract will go into immediate effect at this point.

Your Guide to Understanding Contract Management Software

Your Guide to Understanding Contract Management Software

What is Contract Management?
Contract management, is the management of contracts that are created between customers, partners, vendors or employees. The field of contract management includes negotiating the terms and conditions present in these contractual agreements, while subsequently ensuring that stipulations within the contract adhere to compliance issues designated by the underlying company or industry.
In addition, contract management entails the documenting and agreeing on all changes that may come to light during the implementation and execution of such contractual agreements. 
Contract management can be best summarized as the formal process of efficiently managing the creation of a contract, along with expediting the execution and required analysis of the contract. The systematic approach of contract management is required to maximize the financial and operational capabilities and performance of the underlying parties. In addition, contract management is undertaken to mitigate the risk associated with a contractual agreement.
Contract management deals with contractual agreements that are made in a commercial setting; common forms of commercial contracts will include employment letters, purchase orders, sales invoices and utility contracts.
The more complicated forms of commercial contracts will include contractual agreements regarding constructions projects, the exchange of goods or services that are regulated by a government authority or require the delivery of technical specifications, intellectual property agreements and issues revolving around international trade. 

Contract Management Software:
The majority of large corporations in the United States, actively manage and maintain nearly 50,000 contracts at any given time. The majority of these contracts, are managed in a tradition or manual sense; however, approximately one quarter of such companies have recently implemented a form of contract management software to expedite the management of such contracts. 
Contract management software is an automate program to help streamline the creation and negotiation of a business contract; contract management software achieves such functions through compliance and renewal and through exhaustive monitoring of the underlying contracts. Contract management software requires the programs to maintain a corporate contract, to improve a respect company’s access and visibility in regards to the control of contracts. 
The majority of contract management software will also enable the corporation to create and observe warehouse standard contracts and business terms and conditions for such contracts through various templates. Other forms of business contract management software will utilize a Service Lifecycle management program, which will bundle contract management with all other forms of management in relation to service-based operations. 
This function enables the contract management software to improve the company’s customer retention; through these various functions, the average piece of contract management software will allow companies to better achieve savings during procurement negotiations and procurement spending. In addition, contract management software, will enable the using corporation to improve sales effectiveness and increase compliance by allowing contracts to ultimately drive day-to-day operations. 

Find Out All You Need to Know About Construction Worker

Find Out All You Need to Know About Construction Worker

What is a Construction Worker?
A construction worker is an individual employed in the construction industry; a construction worker will perform various physical roles on construction sites. The term “construction worker” is somewhat broad and will incorporate general construction workers, such as members of specialist trades such as carpenters, plumbers and electricians. As a result of this incorporation, a construction worker will encompass a number of laborers who are engaged in physical work or the construction of a tangible building or site.

Types of Construction Workers:
Within the field of construction includes specific roles that will incorporate a specialty aligned with the construction of a building. For example, when building a house, apartment or factory, numerous aspects of the creation must be accounted for. To properly build the structure, a construction company will utilize the following types of construction workers: 
A tradesman or a bricklayer is a fundamental type of construction worker; these individuals lay brick and construct brickwork. The term also incorporates those individuals who use blocks to construct walls and other forms of masonry. 
A construction worker can also be a carpenter, who is a skilled craftsman who performs a wide range of woodworking that includes constructing furniture, constructing buildings and other objects that are made of wood. This field of work will involve significant manual labor and outdoor work.
A carpet layer is another type of construction worker; these individuals specialize in laying flooring and carpets. 
A concrete finisher is a type of tradesmen who works with concrete. This role includes placing, fishing, repairing concrete in construction projects and protecting the structure.
A heavy equipment operator is a fundamental type of construction worker who drives and operates heavy equipment on the site. A heavy equipment operator will use various capital and heavy equipment to construct and engineer various projects.
A heating and cooling specialist is also required during the construction of a project. Healing and cooling specialists are types of tradesmen that specialize in water pumps and furnaces. 
An electrician is another type of construction worker; these tradesmen specialize in electrical wiring of buildings and other related equipment. An electrician may be employed in the construction of new buildings or the maintenance of existing infrastructure. 
Laborers are types of tradesmen who are proficient with hand tools, small heavy equipment, air tools and assisting other trades.
Plumbers are also incorporated with construction projects; a plumber is a type of tradesman who specializes in installing and maintaining systems used for heating, drainage, plumbing, potable water or small-sized industrial process plant piping. 
A pipefitter is someone who assembles, lays out, fabricates, maintains and repairs large-sized piping systems for industrial projects—these pipes are typically under high pressure and require various metals, such as stainless steel, carbon steel and other alloys. 
The last type of basic construction worker is a steel erector; these individuals are tradesman will install structural steel frames of building and engineering projects. This type of work is executed in small teams; each individual will use powered and hand tools to bolt the steelwork together. 

Verbal Contract V. Written Contract

Verbal Contract V. Written Contract

Contract law in the legal context of the United States generally allows for a contract which is called into being by the exchange of verbal expressions to be as valid as one which is set forth in writing. This general provision for a verbal contract may, however, be modified in certain jurisdictions by specific contract law requirements for a contract to be set down in specific circumstances and toward specific ends. Moreover, contract law for an area may or may not provide for the difficulties which can arise in carrying out a verbal contract. 
The lack of a written contract can present problems in terms of the lack of proof as to what was agreed to under contract law. As such, judges administering contract law may be forced to apply a standard of fairness in order to resolve the contract dispute. In this way, a verbal contract, while valid, may not be effective.

What You Must Know About Withholding Employee Wages

What You Must Know About Withholding Employee Wages

Employers are
legally allowed to withhold employee wages when state, local, or Federal law
requires them to do so. The Federal law of the United States actually requires
employers to withhold wages to satisfy payroll tax requirements administered
through the Internal Revenue Service.

The payroll
tax requirements are used to fund Federal income tax, Medicare tax, and Social
Security tax. If an employer did not withhold employee wages, there would be no
way to fund such programs or levies. In addition, if local law requires it, the
employer is also required to withhold wages for state taxation. 

As a result of the tax responsibilities, all
employers withhold a certain percentage of an employee’s wages. That being
said, employers are not allowed to withhold wages for any circumstance that is
not aligned with taxation or funding company programs or benefits. Withholding
wages without reason is illegal under United States employment law.

All You Need to Know On How to Revise a Policy

All You Need to Know On How to Revise a Policy

A policy, by definition, is a set of principles or rules that are implemented for the purpose of obtaining or reaching a particular outcome or goal. Therefore, policies, in essence, exist in a variety of endless contexts.
Though a policy may be implemented for a particular time achieving the intended purpose, it may prove necessary to amend or revise a policy. Revising a policy can take various routes.
Revising a policy will usually be at the discretion of the entities or parties that implement the policy in the first place. In devising a policy, it is common that procedures in the changing or revising of the policy be included for future reference or circumstance. Each individual policy that exists and the actual actions or procedures involved in revising a policy will differ in accordance to the needs of the faction or party and the changes that are to take place.
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