Clark Law Firm, PLLC Clark Law Firm, PLLC 2026-03-30T14:46:03Z https://www.clark-firm.com/feed/atom/ WordPress /wp-content/uploads/sites/1604824/2022/05/cropped-clark-OG-image-32x32.png On Behalf of Clark Law Firm, PLLC <![CDATA[5 costly contract mistakes Arkansas businesses still make]]> https://www.clark-firm.com/?p=48416 2026-03-27T14:43:25Z 2026-03-27T14:43:25Z Using vague or undefined contract terms Arkansas courts enforce contracts based on the plain meaning of the language and will construe ambiguity against the person who drafted it. That becomes a problem when key details such as scope, deadlines or deliverables are left open. Once a disagreement starts, each side is working from a different understanding, while the court works from the text alone.

Relying on verbal agreements

Arkansas’s statute of frauds requires certain agreements, including those that cannot be performed within one year, to be in writing. Even when a verbal agreement is technically valid, proving its exact terms becomes difficult, which often weakens your position if the other party disputes what was agreed.

Using out-of-state or generic contract templates

Arkansas courts will not rewrite a contract to fix missing or poorly drafted provisions, which means a template that does not fit the transaction leaves you exposed. Terms that seem complete on the surface may fail to address key issues under Arkansas law, creating gaps that only become visible during a dispute.

Leaving payment and breach terms too open-ended

When a contract does not clearly define obligations or consequences, the courts may award damages based on what can be reasonably proven rather than what you expected to recover. That limitation can significantly affect your ability to collect unpaid amounts or enforce performance.

Skipping legal review before signing or reusing contracts

Once signed, courts generally enforce contracts as written, even if the terms no longer reflect the parties’ actual intentions. Reusing outdated agreements or skipping review increases the risk that you are committing to terms that do not match your current deal or business operations.

Make sure your contract holds up

Most contract issues in Arkansas do not come from bad deals. They come from small details that were never clearly written down. Taking the time to tighten your agreements before you rely on them can help you avoid disputes that are harder to control once they start. Let a lawyer review your contract early so you can catch those issues while they are still simple to fix.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[3 key steps to protect real property from construction defects]]> https://www.clark-firm.com/?p=48393 2025-04-13T11:40:55Z 2025-04-13T11:40:55Z Monitor for common issues There are several types of common construction defects that can diminish the returns on any investment made by property owners. Those hiring professionals for new construction, major renovations or expansions often need to be very thorough regarding their expectations for the finished project. They should remain actively involved during construction to the best of their ability so that they can spot poor workmanship or other warning signs of potential defects as soon as possible.

Identify and document issues

Thoroughly inspecting the completed project, ideally with an unaffiliated professional, is the fastest and most effective way of identifying defects after the completion of a project. Property owners may need to review what materials construction companies actually use, especially if they request prestige finishes. They may need to have professionals review the major systems at the property, such as the plumbing. They may also need to keep records of matters such as water incursion or mold development in the first year after the completion of the project to track any signs of poor workmanship or regulatory non-compliance. Any issues that do arise require thorough documentation. Written notes, photographs and reports put together by professionals can all help establish that a defect exists.

Seek appropriate remedies

Especially when property owners are very clear about their expectations in contracts and communications, they can hold construction firms and professionals accountable for defects and contract breaches. Doing so requires legal action in the form of a construction defect lawsuit. An attorney can help a frustrated property owner determine the appropriate forms of legal remedy to request. The courts can award damages based on the economic impact that the construction defects have. Property owners can recoup the cost to repair the property or the diminished resale value caused by the construction defects.  The courts can also theoretically compel a professional or business to correct work to bring it in line with contractual obligations or regulatory standards. Poor workmanship and contractual deviations may open businesses and professionals up to litigation. Monitoring carefully for construction issues and taking prompt action after uncovering construction defects can help people protect their most valuable resources.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Suzanne Clark Selected to be Profiled by The Construction Attorneys]]> https://www.clark-firm.com/?p=48389 2025-04-07T05:47:06Z 2025-04-04T05:45:39Z here to view her profile on The Construction Attorneys website.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Is a worker an employee or an independent contractor?]]> https://www.clark-firm.com/?p=46864 2025-01-24T16:07:23Z 2024-10-23T11:54:22Z Control over the job The federal government identifies multiple distinct characteristics that separate employees from independent contractors. One of the most important has to do with the degree of oversight the company provides. Independent contractors should work in a truly independent fashion. They can pick what projects they work on and what hours they work. Employees are subject to the company's requirements. Additionally, independent contractors typically provide their own equipment, while employees rely on equipment provided by employers. They have a personal opportunity for profit or loss, while employees largely let their employers take risk of losses and benefit from successful projects.

The importance of their position

Another key factor that separates an independent contractor from an employee is whether or not the job they perform is intrinsic to the company's function. A construction company may hire professionals to perform small amounts of drywall or tiling work because they don't need full-time support in those areas. While those tasks do relate to the company's overall function, they are not the main focus of the business's operations. On the other hand, if the company provides bespoke software, the people developing the company's flagship programs or applications may very well be employees regardless of how the company attempts to classify them. The permanence of the position, as well as the skill and initiative of a worker also factor into their classification. Understanding how employment laws separate contractors from employees can help organizations avoid expensive claims of misclassification. Companies that hire independent contractors need to ensure their classification is appropriate and that their contracts protect the company’s interests.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Keys to success when writing an employee handbook]]> https://www.clark-firm.com/?p=46826 2025-01-24T15:59:08Z 2024-07-17T15:27:46Z an actionable handbook involves more than simply listing rules. This crucial legal document should help encourage legal compliance and cultivate a positive working environment for all employees regardless of their job rank. A carefully thought-out handbook can also help to shield a company from potential legal disputes.

The purpose and audience are crucial

One of the keys to crafting a successful handbook is keeping the document’s purpose and the audience it’s targeting in mind. The industry a business operates will provide a framework within which the handbook’s scope can be contained. The handbook should also directly address employees of a specific organization. Utilizing clear and accessible information can minimize any chance that the employees may misinterpret the company policies. The handbook should be presented in a manner that is comprehensible to all employees, regardless of their role in the organization. Clarity and conciseness can be achieved by leaving out jargon and legalese that some employees may be unfamiliar with. Instead, the document should have straightforward language that conveys the guidelines for various procedures. Furthermore, the handbook should incorporate provisions that promote a positive workplace culture. This is to help ensure compliance with legal requirements and make sure that each employee’s dignity is preserved regardless of their role within the company.

Conducting thorough research can help

Since an employee handbook is legally binding, it should be accurate and up-to-date. An organization can avoid potential legal trouble by helping to ensure that its employee handbook reflects the provisions of current laws and regulations within the specific industry. This is why conducting thorough research is critical when compiling a handbook. Customizing the document to pertinent laws and regulations can help ensure that it is a steadfast shield and defense in case legal disputes with employees arise. An employee handbook is vital for any employer because it can provide a clear and comprehensive roadmap for all employees regardless of their role in the company. Businesses can use appropriate legal guidance to help ensure they compile an actionable employee handbook tailored for their unique operations.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Suzanne Clark’s AY Best Lawyers 2024 Article]]> https://www.clark-firm.com/?p=46824 2025-01-24T16:07:15Z 2024-06-17T09:40:27Z Read More Read AY’s Best Lawyers article featuring Suzanne Clark here: https://aymag.com/best-lawyers-suzanne-clark/]]> On Behalf of Clark Law Firm, PLLC <![CDATA[AMP Trailblazing Women: Suzanne Clark]]> https://www.clark-firm.com/?p=46827 2025-01-24T16:02:42Z 2024-06-17T05:00:19Z Clark Law Firm in Fayetteville, where she primarily works in civil litigation. “I could have stayed on the corporate track, but I would have missed out on a mountain of time with my family, especially my grandchildren, who give me more joy than just about anything,” she said. Clark has loved every second of her now 16-year legal career, as reflected in her long list of accomplishments and honors. She currently serves at the Arkansas Women’s Hall of Fame and previously served on the boards for Welcome Health in Fayetteville and Fayetteville Public Library.... Read More]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Minimizing disruption to your family business during divorce]]> https://www.clark-firm.com/?p=46822 2025-01-24T16:07:09Z 2024-04-18T10:43:03Z minimize the impact of divorce on your own family business.

Maintain clear financial boundaries

Keeping the business finances separate from your personal finances is essential for a smooth divorce process. This means having distinct bank accounts, credit cards and financial records for the business. Avoid using personal funds for business expenses or vice versa. This can simplify the valuation process during a divorce and demonstrate responsible business ownership practices.

Seek a business valuation

When a family business becomes part of a divorce settlement, determining its fair market value is crucial. An objective business valuation can minimize disputes and help ensure an equitable division of assets. Engaging a qualified appraiser experienced in valuing family businesses is highly recommended.

Explore creative solutions

There are several options beyond simply selling the business or one spouse buying out the other. If the business environment is amicable, continuing to operate the company as partners might be possible even after the divorce. A buy-sell agreement outlining exit strategies and dispute resolution protocols can be drafted to safeguard the future. If one spouse wishes to retain ownership, they can explore financing options to buy out the other spouse's interest. This option requires careful financial planning and consideration of the business's cash flow. An employee stock ownership plan (ESOP) can allow the business to establish a trust that gradually buys out the divorcing spouse's ownership interest using company funds. This can be a win-win situation, providing the spouse with a fair payout while helping to ensure the business remains independent. Divorce is a difficult process, but with careful planning and legal guidance, it doesn't have to spell disaster for your family business. By maintaining financial boundaries, obtaining a business valuation and exploring creative solutions, you can minimize disruption and help ensure your family legacy continues to thrive for generations to come.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Tips to prevent a breach of contract]]> https://www.clark-firm.com/?p=46816 2025-01-24T16:07:01Z 2024-01-26T14:11:32Z contract breaches can occur, and they can result in significant consequences. They often lead to disputes, financial losses and damaged business relationships. To mitigate the risks of a contract breach, it's essential to take proactive steps right from the drafting stage of a contract and throughout its lifecycle.

Clear and detailed terms

The first step in preventing a breach of contract is to ensure that the contract terms are clear and detailed. Every aspect of the agreement should be explicitly stated, leaving no room for ambiguity. This includes the scope of work, timelines, payment terms and any other specific conditions relevant to the agreement. Clear terms help all parties understand exactly what is expected of them. This reduces the likelihood of misunderstandings that could lead to a breach.

Having clear penalties for breach

Including clear penalties for a breach of contract is an effective deterrent. These penalties should be reasonable and proportionate to the potential loss. All penalties must clearly warn of the consequences of failing to uphold the contract terms to incentivize compliance. These clauses need to be carefully drafted to ensure they are enforceable and are not likely to be deemed punitive by courts.

Regular communication and documentation

Effective communication is vital in maintaining a healthy contractual relationship. Regularly reviewing contract terms and discussing any concerns or changes can prevent issues from escalating into a breach. Keeping thorough documentation of all communications and agreements made during the contract term is also crucial. This documentation can serve as evidence of each party's understanding and intentions. This can be invaluable in resolving disputes and preventing misunderstandings. Preventing a breach of contract starts with having a solid contract in place. Benefitting from continuity of legal guidance from the creation of contracts through the enforcement of them can be helpful as well.]]> On Behalf of Clark Law Firm, PLLC <![CDATA[Suzanne Clark Recognized by Super Lawyers 2023 as Top Arkansas Super Lawyer AND Top Women Mid-South Super Lawyer]]> https://www.clark-firm.com/?p=46803 2025-01-24T16:00:08Z 2023-12-12T20:00:44Z here and here for more information.]]>