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Questions Answered by Nancy L Lanard
3 Answers | Asked in Contracts, Copyright and Intellectual Property for Pennsylvania on
Q: NDA for consultation?

I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 24, 2020

The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... Read more »

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1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: Contractor agreement was for a certain price but then I was charged an additional 3% for him choosing to use Square app.

We signed an agreement for a certain price and then I was charged an additional 3% because he chooses to use the Square application as form of payment. What are my options? Why should I have to pay more for the contractor's choice of method of payment, especially since it was not specifically... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 23, 2020

PA has a home improvement consumer protection law. If the contractor did not notify you in advance that this charge would be incurred for using Square for payment you may have a claim. I would suggest contacting the PA Attorney General's office to see. Good luck.

2 Answers | Asked in Real Estate Law, Business Law, Construction Law and Land Use & Zoning for Pennsylvania on
Q: How do I find an electrician's insurance company if he will not provide it? Damage was done and need to know next steps.

Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 23, 2020

In PA there is a Home Improvement Consumer Protection Law. First I would check to see if the electrician is registered with the state. If he is then you know his insurance information and other information. If he is not, then submit a complaint to the PA Attorney General's office through... Read more »

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2 Answers | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: Conducting business in Partnership and sole proprietorship at same time in same type of business with few modifications.

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

Please see the answer I provided to this question when you previously asked it.

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1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: I have formed an llc and bought 25% share in a produce store. Now I want to open Another produce store on my own, can I?

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

There are two issues here. The first is whether the new business should be run under the same LLC. I would think the new business should be a new and separate LLC to run the new produce business unless the original LLC is only used to hold the 25% interest in the other business. This should be... Read more »

4 Answers | Asked in Business Law and Insurance Bad Faith for Pennsylvania on
Q: I have a small business that has taken a big financial hit since shutting down due to my state’s stay-at-home order.

I have business interruption insurance, which seemed like the right coverage to apply for in light of what’s going on, but my insurance company denied my claim. I read through my policy, which says nothing about a virus or pandemic being an exclusion. Not sure what I’m paying for if this sort... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 3, 2020

You should make sure that you have made a formal request with your carrier as there is likely a great deal of litigation that will likely ensue and possible legislation requiring coverage. Most business interruption insurance does not cover a virus but will cover governmental authority reasons for... Read more »

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1 Answer | Asked in Contracts and Consumer Law for Pennsylvania on
Q: How should I go about retrieving money from a contractor who is ignoring calls and not finishing a job?

I went with a contractor who started work but moved slow. Kept giving us days and times that he would he back to finish but wouldn't show up. Missed the times. This went on for about a week. Now hes not returning any calls or messages and the job still is less than half finished.

Nancy L Lanard
Nancy L Lanard answered on Feb 23, 2020

PA has a Consumer Home Improvement Contractor's Act that helps to protect you. You can file a complaint with the Attorney General's office regarding this particular contractor. I would suggest starting with a letter to the contractor indicating that you were prepared to file a complaint... Read more »

2 Answers | Asked in Contracts for Pennsylvania on
Q: I thought I was signing a credit card receipt at Retro Fitness and now they are saying I signed a contract!

I thought I was signing a credit card receipt for a one-time charge for some training sessions at Retro Fitness and now they are saying that I signed a contract! It was not a paper copy of a contract that they presented me with to sign, it was one of those little electronic gadgets that has just... Read more »

Nancy L Lanard
Nancy L Lanard answered on Oct 23, 2019

If it is 3 days after you signed, you have a right of rescission in PA (right to cancel the contract). If they did not show you the contract, I would complain to the PA Attorney General's office. Good luck.

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1 Answer | Asked in Contracts for Pennsylvania on
Q: I am an administrator for a small convention, and we are working with a hotel in Pennsylvania.

I am an administrator for a small convention, and we are working with a hotel in Pennsylvania. The convention owner would like to tell the hotel that we (the convention) don't want to be crowded while we are occupying the hotel for the weekend (Friday to Sunday). We take up about 30 of the 180... Read more »

Nancy L Lanard
Nancy L Lanard answered on Oct 7, 2019

Your contract can state language like that, but I cannot imagine any hotel would agree not sell the rooms that you are not occupying. I assume that if you wanted to pay for all the rooms they would agree to keep them empty.

2 Answers | Asked in Business Formation, Business Law and Civil Litigation for Pennsylvania on
Q: Send the copies of my passport and certificate of incorporation to potential investor ?

I am building my startup and I found an investor for my business (incorporated as LLC in PA, USA). Investor said that the deal will be done on the basis of equity financing. And now he is asking me to send the copies of my passport, certificate of incorporation, memorandum and articles of... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jul 23, 2019

I believe you just posted this same question on Avvo, where I answered the question. There is no reason to share your passport info with an investor. If the investor wants to see your Certificate of Organization for the LLC, he or she can obtain that online. The other requested documents, a... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Q: In PA, can you sue a parent company when a local branch of the same company, an independent contractor, harms you?
Nancy L Lanard
Nancy L Lanard answered on Jul 19, 2019

There isn't enough information provided to actually answer this properly. If the local branch is a franchisee typically you cannot go after the franchisor. However, more facts are needed to truly respond properly.

1 Answer | Asked in Contracts for Pennsylvania on
Q: Where do I find the PA law that defines the requirements for what is needed to declare a room as a bedroom

A home that we are considering buying has a 3rd floor room that the seller is identifying as a bedroom. We do not believe that it is but we cannot find the minimum requirements that would deem it to be, or not, a bedroom. Thank you

Nancy L Lanard
Nancy L Lanard answered on Mar 3, 2019

Here is the site that defines it under the PA code: https://www.pacode.com/secure/data/055/chapter6400/s6400.81.html. Hope it helps.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: I am looking to buy a business but it’s a little complicated/need help drafting a binding contract of sort
Nancy L Lanard
Nancy L Lanard answered on Jun 29, 2018

When buying a business you should have legal representation who drafts an Asset Purchase Agreement and all of the accompanying documents. You should do the due diligence and check that there are no liens on the assets, etc.

I am happy to speak with you about your situation. I do not...
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1 Answer | Asked in Banking, Business Formation and Business Law for Pennsylvania on
Q: How can I start & fund a business?

Business, Business Law, Formation, Costs etc.

Nancy L Lanard
Nancy L Lanard answered on Dec 23, 2017

Your question is way too broad to be answered in this forum. You should consult an experienced business attorney and accountant who can assist you figure out if you should operate as a corporation, limited liability company or a sole proprietorship. Additionally, the attorney would need an... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Pennsylvania on
Q: Where can we get a blank template of a Pennsylvania Independent Contractor Agreement, which we can edit and fill in?

Independent Contractors own their own businesses and are not an employee of their client's company. They do odd jobs for property management company and owners properties as needed, such as mowing, snow removal, minor repairs, etc. Anything larger is per an estimate quote on scope of work... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 24, 2017

You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.

Good luck.

3 Answers | Asked in Mergers & Acquisitions for Pennsylvania on
Q: I'd like to buy a business in my town - should I buy it as a corporation?
Nancy L Lanard
Nancy L Lanard answered on May 16, 2017

You should buy only the assets of the business, not the stock or membership interest of the entity that currently owns the business. Most like you should form your own entity - either a corporation or limited liability company to own the business. You should consult with an attorney to advise... Read more »

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1 Answer | Asked in Trademark for Pennsylvania on
Q: How do i begin the trademark process?
Nancy L Lanard
Nancy L Lanard answered on Apr 25, 2017

It sounds like you are asking how to register a trademark with the U.S. Patent & Trademark Office. Although uspto.gov does have instructions for filing. However, this can be a difficult legal process that should start with a nationwide trademark search and then filing in the proper category.... Read more »

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Can my husband start his own company selling something he originally created for his current employer to use?

He created a product that the truck drivers use at the logistics company he works for. His immediate supervisor did not want to pay him on the clock to produce it. My husband produces them at home and his supervisor purchases them from him via ebay. The company is nationwide, and several other... Read more »

Nancy L Lanard
Nancy L Lanard answered on Apr 19, 2017

I do not represent you and do not know all the facts, but it sounds like this was a "work for hire" and that the company he worked for owns the rights to it. However, he could approach the company and see if he is able to sell to others. It sounds like he has a strong position in being... Read more »

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Q: I want to start selling private label Hot sauce and salsa. I want to use my last name with the word salsa or hot sauce

" Last Name" Hot sauce or salsa. Do I need to get this trademarked to sell? Or I'm I allowed to start selling this online since its my last name and the word Salsa or Hot sauce.

Thank You

Nancy L Lanard
Nancy L Lanard answered on Apr 19, 2017

You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!

2 Answers | Asked in Contracts for Pennsylvania on
Q: I signed a promissory note for money to start a business. I am in default, what kind of lawyer do I need? Thankyou
Nancy L Lanard
Nancy L Lanard answered on Apr 19, 2017

Any business attorney should be able to assist you. I do not know you and have not reviewed all the facts, but you may want to discuss this with the lender and see if you can work out a payment plan or some new terms.

Good luck.

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