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contract

Do Homemaker Companion Agency Contracts Have to Be in Writing – YES!

Posted April 12, 2017

Wow. Just when you think our courts are becoming more business friendly, the Connecticut Supreme Court issues a decision on whether businesses can enforce oral contracts. The answer for Homemaker Companion Agencies is a resounding “no.” This isn’t too surprising because, similar to home improvement agreements which must be in writing and signed by the homeowner, contracts between consumers and agencies that provide homecare services must also be in writing and signed by the consumer.

When is an Independent Contractor Really Independent? It's as Easy as ABC - Kinda, sorta

Posted March 19, 2017

So many businesses rely on independent contractors to provide services to their customers. Home improvement contractors quickly come to mind. Businesses realize many benefits from using independent contractors, rather than employees. Not having to pay unemployment tax for the independent contractors is one huge benefit, and unemployment claims are usually when a business gets into trouble in this area.

Missed the Filing Deadline for Attorney's Fees: No Worries (Well, Maybe Some)

Posted November 27, 2016

When does a prevailing party have to apply for an award of attorney's fees in Connecticut state court? Lawyers received an answer from the Connecticut Appellate Court last week in Meadowbrook Center, Inc. v. Buchman. You can read the decision here.  We've discussed attorney's fees before, which you can read here and here.

Contractual Choice of Law Doesn't Mean Connecticut Law Always Applies

Posted August 11, 2016

All lawyers should include basic provisions in contracts for their clients. One basic provision designates or chooses the state's law that applies. If your client has the bargaining power, and is located in Connecticut, well, you choose Connecticut.  But the language you use in your "choice of law" provision is critical.  Simply stating that, for example, "Connecticut law governs the interpretation and enforcement of this agreement" will not guarantee that Connecticut law applies to extra-contractual torts.

Connecticut Expands Home Improvement Act to Include Restoration and Remediation Contractors

Posted June 16, 2016

Connecticut's general assembly found time to add to the list of the types of contractors that must comply with the Home Improvement Act.  As of January 1, 2017, contractors that perform water, fire and storm restoration and mold remediation will have to register as home improvement contractors and use contracts that comply with the statute. While registering is an easy process and relatively inexpensive, check it out here, making sure your contracts comply with the Act is a little more involved.

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