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If You Can’t Control The Contract Language – Control The Money

Written on October 17, 2014

I often have clients come into my office looking for help with a contract (after they have already signed it).  Many times, the disputed dollar amounts range from $15, 000.00 – $40,000.00.

Here’s the problem:  the agreements may seem “standard” to the common eye, but the provisions governing Jurisdiction, Arbitration, and Venue can lead to difficulties in efficiently pursuing monies that are rightfully owed.

For instance, if you agree to sign a contract with a company that requires all disputes to be litigated and/or arbitrated in another state, you will have to bear the expense associated with the travel and communication issues related to fighting in that state.  If you agree to a provision that requires mediation as a prerequisite to arbitration, but fails to specify how the mediators and arbitrators are to be selected, you may have to argue about it before you can actually get in front of a decision maker.

Moral of the Story – the concept of a contract is to memorialize the detailed agreement of the parties so that any dispute can be resolved in the most efficient manner available.  If you choose to sign a contract without proper legal advice, prepare to finance the inefficient litigation of any resulting dispute.

Practical Advice –   If you choose to sign a contract without legal advice then please make sure that you control the money.  I see people being taken advantage of everyday because they fail to control the contract language and they allow the other party to control the money.

TESTIMONIALS

I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
Relationship: worked together on matter

- Frank N. Genco, Florida Bar No. 440086

We hired Andrew to help us when our insurance company denied our claim when water and sewage damage completely destroyed our Florida Condominium. Even though Andrew made several phone calls and wrote an initial letter, the company continued to deny our claim. He was persistent and continued to help us negotiate with the company until we finally received a fair monetary settlement. He was always quick to respond, helpful, and courteous when working with us. I would recommend him to anyone who is fighting an unjust insurance settlement.

- Harvey

Andrew has represented my business for several years in the area of corporate law, business transactions, collection matters, contract matters, employee disputes, and more. He has always been more than approachable, accommodating and understanding. His approach is not like other lawyers in that he deals with you on your level and is able to incorporate his legal strategies into our business plan/model; instead of allowing lawsuits to takeover the business. Further, his education and practical experience in the business world equates to a valuable understanding of my business.

- Chris

Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

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Clearwater Business Law, LLC

(o) 727-785-5100
(f) 727-213-6917

1799 N Belcher Rd Suite B
Clearwater, FL 33765

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