Do-It-Yourself Legal – Can Saving Money Now Cost You Money Later?
By Stacy G. Jackson
It is no secret that these are tough times economically. Businesses large and small are feeling the crunch, as well as families. So the temptation is strong to save some money in legal fees by using self-prepared legal documents such as contracts, leases, wills, trusts and powers of attorney, just to name a few. And with a plethora of “free” or low-cost legal documents available on the web or through software purchases at office supply stores, it may seem cheap and easy to fill in a few blanks and hit “print”.
But in an effort to save money, could you be costing yourself in the long run? What happens when it is time to enforce your contracts, evict your tenant, or file a will with probate? Will these self prepared or pre-printed documents withstand legal scrutiny? Do they follow the law of your state? Will your wishes be followed?
While most people understand that laws may vary from state to state, they may not realize to what extent. The law regarding the smallest details from contract formation, to provisions contained within a contract can swing wildly from state to state. While some states allow courts to “blue line” or correct contract provisions, another state may view the entire contract as unenforceable, because a few provisions in it are unenforceable. Does your pre-printed lease follow the proper laws for enforcing the lease and collecting damages, or will you be at-risk because of improper notice?
A pre-printed contract for construction services may contain a liquidated damages clause. But is this clause enforceable under the laws of your state? Does the clause take into account the actual damages of a breach of the contract, or will the court view this clause as an unenforceable, unconscionable penalty under the law? If your contract is breached, are you left without a remedy because the “free” legal form was drafted claims to followMissouri law, but actually is only enforceable inDelaware?
What can a homebuyer do once deficiencies appear after closing on a newly constructed house?
By Joseph C. Blanner
If you are a purchaser of a new residence or are in the business of constructing new residences, you need to be familiar with the homebuyer’s legal remedies if construction deficiencies begin to appear. In Missouri, the Court’s have ruled that homebuyers of newly constructed residences are protected by an “implied warranty of habitability”. This implied warranty protects the buyer against “latent structural defects” in the home.
In order to prove a claim of breach of implied warranty of habitability against the homebuilder, the homebuyer must prove the following: (1) the homebuyer is the first purchaser of the house; (2) the claim must involve a latent structural defect; and (3) the homebuyer must give the builder notice of the defects and an opportunity to cure. Read the rest of this entry »
New Office Space
By Elizabeth V. Grana
If you have walked through the glass doors of Behr, McCarter, & Potter, P.C. (“BMP”) recently, you will notice that BMP has a fresh new look! In late August 2011, BMP began construction to increase and renovate the office space.
Commercial Installation & Construction served as the general contractor for the construction and organized the many subcontractors that would help to create the new space. Our client, Stephens Floor Covering Co., installed the new carpeting and flooring and Leach Painting helped to paint all of the walls and moldings throughout the entire firm. Request Electric installed the electric and a new canned lighting system as well.
BMP added two additional offices for attorneys, two work stations, and an administrative area for increased storage and office needs. BMP also added a large board room and library and resource center which will be particularly useful for mediations, arbitrations, depositions, and conferences of groups or multiple parties. A 40” inch television will be placed in the board room to help facilitate video conferencing and multimedia displays. Also, many of the rooms received new furniture and accessories that added to the comfort and style of BMP. Read the rest of this entry »
9-11 Rememberance
By Anthony R. Behr
This is a reprint of an e-mail sent by Tony Behr on the morning of the 10th Anniversary of 9-11:
Maryrose and I had just sent six of our children, ages 7 to 17, safely off to school that morning. Maryrose was making coffee and I was sitting at the kitchen table, watching a strangely odd story on TV about a small plane that had crashed into the World Trade Center. After quite a while, the helicopter TV camera panned to a very large airplane clearly aiming at the Towers. It was immediately apparent that our country was under attack. I yelled to Maryrose to come watch the TV. We sat there, almost motionless, as the plane crashed into the Tower, changing our lives and our country forever. Within seconds the phone rang. It was Christopher. He had just gone away to college. I said “hello” and he asked “What the hell is going on?” It was the first time I felt helpless as a parent. We stayed on the phone for what seemed an eternity, me trying to act as a strong parent comforting his oldest child, and he seeking courage and safety. It is a moment I will never forget, both as a parent and as an American. Read the rest of this entry »
Using LinkedIn to Build Your Business
Leverage Pr Blog – This Week’s Winner
This week’s winner is Joseph C. Blanner, a litigation attorney in the construction and commercial real estate industry at Behr, McCarter & Potter, P.C. http://www.behrmccarterpotter.com/blanner.htm. He is also the founder of a LinkedIn based construction group known as the St. Louis Contractor Referral NetworkSM(“SLCRN”).
After discovering the value of LinkedIn, he began joining a variety of groups in his industry. Unfortunately, none of these groups were local. While they had many members nationally and internationally, most of the members were not potential clients for him or his firm as they were not located in his region.
So, in December of 2009, he formed SLCRN on LinkedIn to serve hard-hit businesses in the St. Louis construction community. The SLCRN was to serve as a forum for those in the greater St. Louis construction and commercial real estate industries to network and share referrals and ideas / information. Since its formation, it has grown to more than 1,700 members. Among the membership are many of the leaders in the St. Louis commercial real estate and construction industries (including general contractors, subcontractors, material suppliers, design professionals and support providers).
Meet Andrew Tangaro
Andrew joined the Firm as an attorney in September of 2011. He discovered, however, that he wanted to become a lawyer while spending a summer clerking for the Firm before attending law school.
Andrew was born and raised in St. Louis, Missouri and attended St. Louis University High School. Andrew earned a B.A. in English, magna cum laude, from St. Louis University in 2005. While at St. Louis University, Andrew played classical guitar in the university’s Classical Guitar Quartet. He then obtained an M.A. in English from the University of Maryland in 2008. During graduate school, he spent one summer studying Irish literature at Trinity College, Dublin and presented papers at a number of conferences. Andrew then attended Washington University School of Law and completed his degree, cum laude, in May of 2011. While in law school, Andrew served as a Judicial Extern for the Honorable Catherine D. Perry, Chief Judge of the United States District Court for the Eastern District of Missouri. He also worked as a research assistant for two different professors, exploring complex conflict of laws issues as well as the implications of the United States Supreme Court’s recent Second Amendment decisions.
Andrew is currently admitted to the Missouri Bar. He is also a member of the Bar Association of Metropolitan St. Louis.
Andrew and his wife, Kerry, reside in Webster Groves and are expecting their first child in December. Andrew is an avid fan of the St. Louis Blues and St. Louis Cardinals. In his free time, Andrew enjoys playing golf, spending time with friends, and working in his yard.
Lex’s Que-Tips
STEVE POTTER’S FAMOUS BABY BACK RIBS
Basting sauce:
3 bay leaves
1 cup of white vinegar
½ teaspoon (tsp) of salt
1/8 tsp of celery seed
1/8 tsp of thyme
1/8 tsp of smoked hickory salt
1 tsp of black pepper
1 tsp allspice
1 tsp of Lawry’s seasoned salt
I can or beer (preferably Budweiser)
½ cup of water
Mix all ingredients except the beer in a sauce pain and bring to a boil. After the basting sauce boils, add the can of beer and turn off the heat.
Bar-B-Q sauce:
16 oz. bottle of ketchup (preferably Brook’s tangy)
½ cup of white vinegar
½ tsp of black pepper
1 tsp of thyme
1 tsp of Lawry’s seasoned salt
1 tsp of sugar
¼ tsp of celery seed
1 tablespoon of garlic powder
½ tsp of smoked hickory salt
1 tsp of salt
½ can of beer (you get to drink the other half this time!)
6 drops of Tabasco sauce
2 tsp of Worcestershire sauce
Mix all ingredients (do not heat).
These sauces are adequate for 5 slabs of baby back ribs. After removing the skin from the underside of the ribs, place the rib racks on low heat (indirect if possible) and baste with the basting sauce for approximately 1 and ½ hours, or until they are not quite done, turning the racks frequently. Apply the bar-b-q sauce to both sides of the ribs, turning frequently, for ½ hour. Cut the ribs in to 2 or 3 rib sections and immediately remove from the grill and enjoy! Read the rest of this entry »
Firm News Fall 2011
Behr, McCarter, & Potter, P.C. was named as a Top Ten Firm in Commercial Litigation and Medical Malpractice Defense in Missouri.
Tony Behrwas named a Missouri–Kansas Super Lawyer® and named as Best Lawyer in 5 areas of the law. Tony also served on the Honorary Committee for the Annual Red Mass on October 2, 2011.
Steve Potter was named a Missouri-Kansas Super Lawyer® and Medical Malpractice Super Lawyer.
Dudley McCarter was recently appointed one of 3 co-chairs for the University of Missouri 100. The University of Missouri 100 is a group that has been appointed by the president of the University to support and promote the University of Missouri and its mission of education, research, and economic development for Missouri.
Liz Grana was recently installed as the Secretary for the Women Lawyer’s Association of Greater St. Louis. Read the rest of this entry »
About The Firm
Behr, McCarter & Potter, P.C., is a group of outstanding civil trial lawyers, serving clients in Missouri and Illinois. We listen to you, help you and fight for you. Your success is our passion!
