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North Dakota Business Law Questions & Answers

1 Answer | Asked in Business Law and Contracts for North Dakota on

Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?

A contractor holding overdue retainage from a completed bonded project contract in an attempt to use the money toward what they call promissory estoppel on another project quote, the other project did not have a signed PO due to engineering firm not approving the proposed product, I believe the... Read more »

Lucas Wynne answered on Jan 16, 2019

This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

1 Answer | Asked in Business Law for North Dakota on

Q: Can I be held responsible for something my business partner’s spouse does wrong?

The spouse is in no way affiliated with the business. The business, as far as I know, is set up as a partnership. Is this statement true?

Lucas Wynne answered on Mar 5, 2018

Your question is much too broad to provide a reasonable answer.

1 Answer | Asked in Business Law and Business Formation for North Dakota on

Q: Can I have a self serve wine tasting bar in Fargo, ND? Can patrons self serve wine from a machine?

I could not find anywhere in ND law that says they cannot but when I submit an application for a liquor license it asks for the floor plan and I'm worried that if the wine dispensing machines are not "behind a bar" then I will get denied. My whole business revolves around people being able to... Read more »

Lucas Wynne answered on Jan 16, 2018

As an attorney who works with various small business owners, there are often questions which have not yet been addressed by North Dakota's laws. You may also be looking at liability issues with your plan.

1 Answer | Asked in Contracts, Agricultural Law and Business Law for North Dakota on

Q: I was notified via email that I am being sued. I haven't been served yet. Does the email count as being served?

This is a commercial contract litigation for food product deliver and wrongfully rejected after 2 months of delivery. Should I wait till I get served? The case is filed in North Dakota and I am in Canada. Please advise best course of action.

Nicholas Nelson answered on Dec 18, 2017

There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for North Dakota on

Q: Is it illegal for me to start an LLC with one other partner if I don't intend on participating in the business?

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Lucas Wynne answered on Aug 11, 2017

The bigger issue here is addressing why you feel pressured to enter into this arrangement. The only issue that would arise is if you agreed to a certain level of participation in the LLC or voided some other contract.

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