Don’t Forget the Additional Insured!
Imagine you are a general contractor who has just been served with a lawsuit for defective construction. You immediately pull your contracts for the project to determine which subcontractors performed the deficient work. You identify the subcontractor, pull the subcontractor agreement, and find that wonderful provision stating that the subcontractor must add you as an […]
The Value Of Team Work & Outside General Counsel – El Valor Del Trabajo en Equipo y El Consejo General Externo
We stress good communication with our clients in working together with them in the understanding of their operations, for example. We view the relationship as a team and strive to work together in order to achieve the correct outcome given the laws and facts.
Risk Protection: Your Next Step – Protección Contra Riesgos: Su Próximo Paso
Most small businesses have been given the advice to operate within the protection of a corporate entity or similar company structure such as a limited liability company (L.L.C.) as a solid measure for risk protection. However, we would suggest that forming such an entity is just the beginning step in risk protection for shielding your […]
Employer Liability for the Acts of Independent Contractors – Responsabilidad del Empleador Por Las Leyes de Los Contratistas Independientes
In today’s busy world, there are a number of ways that a small business owner, a general contractor, an independent subcontractor, or an owner of land find the need to have some construction performed. Perhaps they need some equipment repaired or installed. Unfortunately, in the process of these functions, a client or worker can sustain […]
Newsflash for Employers – Religious Discrimination
The EEOC has just filed a suit against an Employer (Decostar) who, according to the EEOC, discriminated against their employee because the Employer attempted to force the employee to work overtime against their religious beliefs. The release by the EEOC reads in part: “According to the EEOC’s suit, Decostar violated federal law by firing Dina […]
Outside General Counsel Program for Small Business Owners
After planning for many months, Thomas M Fountain & Associates, PLLC is now offering a new program focused toward the small business owner. While most large and even medium sized business have hired attorneys to act as General Counsel, most small companies and those in the start up modes, do not wish to allocate funds […]
Oil & Gas Client Notches Victory in Business Litigation
Recently, our team of attorneys represented a California company whose work consisted of testing pipelines in the oil & gas industry. For over 25 years, it’s business consisted of performing hydro static testing of pipelines for the oil & gas industry. Persons performing those tests must agree to be subjected to a random drug testing protocol. The […]