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Kansas Business Law Questions & Answers

1 Answer | Asked in Business Law, Construction Law and Contracts for Kansas on

Q: What information shall I include in a construction contract ?

What information do I need to include in my bid ?

Bruce Alexander Minnick answered on Jul 3, 2019

Unless you enjoy making costly mistakes you should consult with a business lawyer before drafting a construction contract. Why? Because all reputable contractors have done this for a living; and because the contracts they use are written by their lawyers; and because unless you use a lawyer you... Read more »

2 Answers | Asked in Business Law for Kansas on

Q: If I did work on someone who is renovating houses then selling them can I file a lawsuit if they don't want to pay me?

The lawsuit would be more than 5,000. Or maybe some kind of lien on the house so he doesn't sell it before he pays me.

Scott C. Stockwell answered on Jun 25, 2019

If work is done as a subcontractor on residential real estate, there is a process provided for by statute to file a mechanic's lien on the property. For improvements to existing residential property, the statute is K.S.A. 60-1103A (for new residential property K.S.A. 60-1103B). The filing of a... Read more »

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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Kansas on

Q: Can a single member LLC have a board of directors? if so does the state have to be notified?

Scott C. Stockwell answered on Jun 4, 2019

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC could... Read more »

1 Answer | Asked in Business Law for Kansas on

Q: If my LLC is sued, is my other property, not in the LLC, protected from any liability?

Scott C. Stockwell answered on Aug 9, 2018

If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and... Read more »

1 Answer | Asked in Business Law for Kansas on

Q: I own a small share of KS office building. I retired & what my share of the value. What can I do with no agreement?

Scott C. Stockwell answered on Sep 20, 2017

If you directly own an interest in the building (your name is on the deed), there is a process called partition in which you file a lawsuit asking the judge to “partition” the property. If it is not possible to “partition” the property into seaprate, discrete parts, as would likely be the... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Kansas on

Q: I am starting an online business through Digital Altitude. They have asked me to take out a line of credit. HELP!

I am starting an online business through Digital Altitude. I have to purchase the next level of the "pyramid" to make any money. There are lots of testimonials saying how amazing they are but I am still not sure. They have asked me to take out a $50,000 line of credit, through Oak Tree Financial,... Read more »

Scott C. Stockwell answered on Jun 27, 2017

You should proceed with caution and take no action without the advice of counsel. Your understood one set of circumstances to justify your initial involvement or investment. Now you are being asked to borrow money to "purchase" the next level. You have characterized the arrangement as a "pyramid"... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on

Q: Can use a picture of my work thru one company and use it for my own company website.

I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website

Rick Davis answered on Apr 27, 2017

Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."

You would be...
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1 Answer | Asked in Business Law and Employment Law for Kansas on

Q: is a non-compete clause legal?

My husband merged his company with another. They had differences and now the other company is saying he can't work on a job over $10,000 also saying he can't volunteer his time either. The other company is constantly driving by our home and where my husband is offering a helping hand checking on... Read more »

Marshall Jason Ray answered on Apr 12, 2016

You should have a local attorney review the situation. The legality and enforceability of a non-compete agreement depend on various factors. A local attorney will need to review the specific contract about which you are asking and give you an opinion.

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