Long Beach Maritime, Transportation And Business Law Blog

Collecting after contracts are terminated for convenience

Securing a business contract with a government agency can be a boon for your business in Long Beach. Such organizations tend to be much more secure and stable than private companies. Yet at the same time, they are afforded special privileges, such as the right to terminate contracts for their convenience rather than needing to have actual cause. Many clients have come to us here at Russell Mirkovich & Morrow after having agreements ended in such a way distraught at the prospect of losing out on the value of their contracts. If you face the same situation, you should know that you are still entitled to compensation for your services. 

According to the Congressional Research Service, some of the common reasons cited by government agencies for terminating contracts for convenience include: 

  • No longer needed the products or services addressed in the contract
  • The contracted partner's unwillingness to renegotiate its terms
  • Issues with the contracted partner's performance
  • The contracted partner becoming ineligible to hold the contract
  • A deterioration with the relationship with the contracted partner
  • The agency gaining the ability to supply the products or services in-house

What does the Carmack Amendment do for interstate shipping?

Before the Carmack Amendment interstate shipping disputes were left to the jurisdiction of different states. This revision to the Interstate Commerce Act of 1877, provided “carriers” and “shippers” with a consistent law about handling interstate shipping. The law offers liability protections and delegates responsibilities to both “shippers” and “carriers”.

 

Basic elements and features of an LLC

Entrepreneurs in California who are looking to start their first company or who are interested in expanding their already existing business ventures must always decide on what type of operating structure they would like a company to use. There is no perfect organization but there can definitely be the right structure for a given business. One option available is the limited liability company, generally called an LLC.

As explained by NerdWallet, the LLC structure has become quite popular in the United States over the past several decades and that is with good reason. This business organization offers a great level of flexibility with essential asset protection. The business owners may be other business entities or individuals and there is no cap on the number of owners a single LLC may have. The daily management and operation of the LLC may be run by the owners, called members, or by third parties.

How can issues with cargo affect your business?

Longbeach business owners like you often rely on transport for at least one part of your business, especially if you are dealing with shipping out goods or receiving products. Russell, Mirkovich & Morrow are here to take a look at how issues with transportation could back up and impact your whole business.

First, let's take a look at some of the most common cargo claims that business owners tend to make. They usually involve:

  • Products that were delayed or delivered to the wrong location
  • Freight charge disagreements
  • Damaged or lost property, such as merchandise
  • Contracts or agreements that have been broken or breached

What happens when carriers refuse to pay for cargo loss?

Depending on your business type and the details of your contracts with the various entities along your supply chain, you could have a variety of legal and informal options available to reclaim losses due to cargo damage. It would be next to impossible to make a generalization about a goods-loss incident, but there are a few situations that come up more frequently than others.

Moving cargo, especially internationally, usually involves several third-party companies. Sometimes this helps accelerate the process and sometimes it provides a fundamental service. Almost every one of these parties would be bonded or insured in some way. These assurances could help cover you in the case of a loss.

The dangers of slippery surfaces on cruise ships

A cruise ship off the California coast can be the perfect setting for a relaxing vacation on the water. However, it can unfortunately also produce many opportunities for hazardous, slippery conditions where passengers can fall and suffer serious injuries.

Cruise ships can harbor many dangerous circumstances for passengers, who regularly walk the corridors, stairways and decks of the ships to get from their room to the ship’s restaurants, pools, upper decks and other common areas. Passengers can suffer serious injuries after sustaining a fall due to:

Why new businesses succeed or fail

Despite the best intentions, a large number of startup businesses in California fail. The challenge is that it may take some time to understand the industry and the best means for business operation. And in its early phases, mistakes made during day-to-day operations could produce costs that lead to closing the company’s doors.

In a January Forbes article, two business partners discussed the lessons they learned while first opening their business. Some of the most important lessons include:

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