How should a contract read
- Thread starter fketchum
- Start date
a contract? if the owner goes belly up...and he is a registered business...not much good is the contract...
if an owner doesn't have any money even a judgment is not much good...
if an owner doesn't have any money even a judgment is not much good...
greg334
Veteran Expediter
Here is the skipping record ...
GET A LAWYER to read the contract for you and explain it to you.
I can not say this often enough, a lawyer who knows you and your business will help you not with just a contract but also other issues - like if you have an accident.
When you have a serious problem and need a lawyer, it is difficult to find one you could trust and know they are there for you quickly. Many of these "trucking" lawyers may be good with one issue - trucking accidents - but may not be with contracts or other legal issues that involve your business.
While it may sound like a lot of money, $500 for retainer fees to put into this business as a driver is well spent than say what others have ended up paying or more importantly losing.
Take Leo's (ldb) situation with his engine, or a few others who have been stiffed by owners or worst yet, left out in no where waiting for work - all of it could be avoided or solved for their benefit when solid legal advice gets involved on your side.
GET A LAWYER to read the contract for you and explain it to you.
I can not say this often enough, a lawyer who knows you and your business will help you not with just a contract but also other issues - like if you have an accident.
When you have a serious problem and need a lawyer, it is difficult to find one you could trust and know they are there for you quickly. Many of these "trucking" lawyers may be good with one issue - trucking accidents - but may not be with contracts or other legal issues that involve your business.
While it may sound like a lot of money, $500 for retainer fees to put into this business as a driver is well spent than say what others have ended up paying or more importantly losing.
Take Leo's (ldb) situation with his engine, or a few others who have been stiffed by owners or worst yet, left out in no where waiting for work - all of it could be avoided or solved for their benefit when solid legal advice gets involved on your side.
lugnut1
Seasoned Expediter
The essentials. How you will be paid, where, when how much. Who is responsible for what, when and where And for me the single most important part of any contract is default recourse, and the wording therein. I want to know that if the individual I contract with will be responsible to pay reasonable attorney fees should I be forced to sue to enforce the covenants of the contract we both sign. The recourse is a two way street, you default, be prepared to suffer being sued.
Secondly important for me is signatures, witnesses and having the document recorded for public actual notice.
Lastly, I hate arbitration and arbiters. It will likely be in the contract and you should not sweat if it is or isn’t. Just make sure the default recourse is in there, don’t sign without. If you can't punish the party to a contract, what reason does he/she have be prudent.
Secondly important for me is signatures, witnesses and having the document recorded for public actual notice.
Lastly, I hate arbitration and arbiters. It will likely be in the contract and you should not sweat if it is or isn’t. Just make sure the default recourse is in there, don’t sign without. If you can't punish the party to a contract, what reason does he/she have be prudent.
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mypie
Seasoned Expediter
Having worked in law and seen more contracts then I would like to admit . . . those are good responses. Usually a contract drawn up solely by one party will only reflect only the protection of that one party. Much the same as renting an apartment . . . the lease is to protect the interests of the landlord not the tenant.
The only thing I might add to the earlier comments is . . . if a suit is necessary . . . which laws will take precidence? Frequently owners and drivers reside in separate states, and each state has its own opinions on various subjects. Some more lienient others strict. Its always good to know what your home state thinks. If a suit is necessary to settle a dispute, and owner and driver reside in different states, it will likely be necessary to have a change of venue for one of the parties.
The only thing I might add to the earlier comments is . . . if a suit is necessary . . . which laws will take precidence? Frequently owners and drivers reside in separate states, and each state has its own opinions on various subjects. Some more lienient others strict. Its always good to know what your home state thinks. If a suit is necessary to settle a dispute, and owner and driver reside in different states, it will likely be necessary to have a change of venue for one of the parties.
chefdennis
Veteran Expediter
Are you thinking that the "Fleet Owner" iss going to sign YOUR Contract????
greg334
Veteran Expediter
It matters where the court is. Not all states have the same laws and their courts may not allow a contractor disputes to be settled in SCC.
Jurisdiction matters for a lot of reasons.
Even if you are a driver, get a lawyer to advise you. Let them read it and explain it to you. Go through it with them. All owners should send you a copy before you commit, if not find another owner.
Jurisdiction matters for a lot of reasons.
Even if you are a driver, get a lawyer to advise you. Let them read it and explain it to you. Go through it with them. All owners should send you a copy before you commit, if not find another owner.
[FONT=Arial,Helvetica,Monaco]How should a contract read? Let me count the ways.
It reads to the depth and breadth and height
my eyes can reach, with fine print out of sight.
From top to bottom. From left to right..........
Apologies to Elizabeth Barrett Browning.
[/FONT][FONT=Arial,Helvetica,Monaco]
[/FONT]
It reads to the depth and breadth and height
my eyes can reach, with fine print out of sight.
From top to bottom. From left to right..........
Apologies to Elizabeth Barrett Browning.
[/FONT][FONT=Arial,Helvetica,Monaco]
[/FONT]
letzrockexpress
Veteran Expediter
Life is a gamble. I believe in the Golden Rule. If I get screwed, well, I also believe in walking slowly and carrying a big stick....usually a baseball bat!