#Best Real Estate software development solution in Utah
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slopes-dev · 11 months ago
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Why you go for custom Real Estate software development?
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The real estate industry is pushed towards adopting a custom software development approach for service delivery, than continuing with its old school methods. This change is based on two main reasons: the evolution of technology and the fierceness of the competition.
Best Real Estate software development solution in Utah leverages modern technology and trends to create a custom solution tailored to the needs of a specific real estate business or brokerage. It can take many forms; from property management software and tenant portals to marketing solutions like lead generation tools and virtual tours. Whatever your exact needs are, partnering with the best Real Estate software app development solution in USA is an excellent way to ensure you have exactly what you need without settling for something off-the-shelf.
Facts
Due to the advancement of technology and accessibility, around 41% of buyers and 54% of sellers have bought or rent a property without visiting the physical place.
56-58% of them prefer to close a deal virtually when there’s a great distance involved.
The revenue of the global real estate market is expected to grow by 4,263.7 trillion dollars by 2025.
Best Real Estate software app development solution in USA come into play, providing a seamless and personalized experience for both buyers and sellers.
Let's delve into how best Real Estate software development solution in Utah can significantly impact customer experience in the real estate industry.
In the real estate industry, building strong relationships with clients is key to success. Custom software development improves Customer Relationship Management (CRM) systems in the following ways:
Foster better relationships between real estate agents and clients
Allow for personalized client interactions
Automate follow-ups
Strengthen relationships between agents and clients
A custom CRM system can greatly enhance the client-agent relationship and contribute to the overall success of a real estate business.
Real estate CRM systems enable the visual representation of lead progress, prompt responses to inquiries, and efficient collection of customer feedback, which are crucial for maintaining smooth operations and client relations. Implementing automation within a CRM system for tasks like property updates and appointment reminders can prevent leads from being overlooked and enhance client engagement.
One of the key advantages of custom real estate software from the best Real Estate software app development solution in USA is the enhanced accessibility and convenience it offers to customers. With a user-friendly interface and intuitive design, customers can easily search for properties, schedule viewings, and communicate with agents in real-time. This seamless experience not only saves time but also increases customer satisfaction, leading to higher retention rates.
Intuitive property search functionality
Real-time communication with agents
Scheduling viewings with ease
This type of custom software enhances data protection and delivers customized reporting functions, among other benefits. By Partnering with the best Real Estate software app development solution in USA for custom real estate software will give you streamline processes, improve efficiency, and ultimately drive customer satisfaction Despite the initial cost being greater than that of off-the-shelf software and requiring more time to deploy, the enduring value and competitive edge gained justify this investment for progressive-minded real estate businesses seeking long-term success in their industry.
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michaeljames1221 · 6 years ago
Text
Real Estate Lawyer Morgan Utah
In any construction contract, it is important to have a provision for termination of the contract. An experienced Morgan Utah real estate lawyer can draft a customized construction contract for you incorporating the termination provision.
Contract Termination Provision
While the purpose of a contract is to obligate people and firms to perform in certain ways, the tightness of the bonds of mutual obligation can be set by the parties themselves–even to the point of nearly eliminating the obligation itself. Both contract suspension and contract termination provisions act in this way to allow one or both parties to breach the contract without substantial penalty. Termination clauses are typically written so as to allow the buyer to get out of the contract on certain terms, but they will occasionally be written so as to allow the seller to escape from their contractual duties as well. Contract termination clauses are sometimes open-ended to allow termination at the whim of one or more of the parties. However, such termination provisions can result in the contractor requiring a premium on the normal contract price to cover the risk of termination. More complex termination provisions are usually written in such a way as to balance the need for protection against the cost of this protection. Such provisions will often outline
youtube
• The conditions under which termination is an option (e.g., bankruptcy, failure to reach certain scheduled milestones or progress levels, behavior indicating incapacity or inability to complete the work as ordered in the contract, etc.).
• The time frame in which the termination will be initiated and completed. For example, the contract may call for the parties to be given notice of termination within two months prior to the new fiscal year, with the termination itself to be completed three months following notice.
• The payments to be made as part of the termination for startup costs, rental costs, loss of value of assets that are specific to a job, settlement expenses, subcontractor claims, inventory and warehousing costs, final audit costs, and so on. For large contracts, it may be prudent to specify what costs will be allowed as part of a settlement and what costs will be disallowed. For example, while a contractor may want to receive payment for materials still in inventory that have been purchased for a job, a more reasonable basis for payment would be reimbursement for items that could not be resold or be used on other jobs within a reasonable time period.
• The party or parties who are authorized to invoke a termination or a decision-making mechanism through which the termination provision is to be invoked.
Conflict Resolution Provisions
Conflict resolution provisions can be divided into two basic types: prevention provisions and resolution processes. Prevention provision take many forms depending on the kind of conflict that one can anticipate. A common prevention provision is one that specifies which documents will take precedence over others.
youtube
There are basically three methods for resolving conflicts: negotiation, mediation, and arbitration.
Negotiation essentially involve the parties in dispute discussing the conflict with each other with an eye toward trying to find a mutually satisfactory resolution to the conflict. As a conflict resolution strategy, negotiation is most effective when all the parties in conflict have good communication skills, good intentions, and a general willingness to compromise.
Mediation is like negotiation in that the outcome is one that is voluntary. What mediation adds is the expertise of a skilled mediator who helps the parties to identify their interests, generate multiple solutions, and discover the solution(s) that provides the best chance of mutual satisfaction and of avoiding further conflict, and insures that the parties’ rights are respected and that the agreement is fair and “tight” in all respects. Mediation is typically successful with all the persons who could negotiate a solution on their own, but is additionally successful with a large proportion of people who could not come to a satisfactory resolution without some assistance. If all else is equal, mediation could be described as being a bit more expensive than negotiation because the services of a mediator must be purchased. Studies of the effectiveness of mediation suggest, however, that the expertise of a skilled mediator can often mean the difference between a “band-aid” resolution that quickly falls apart and a resolution that is effective for the long term. This is the case because mediators are trained to (1) probe for and address hidden issues, including issues related to respect and psychological satisfaction, that if not addressed tend to generate additional conflict; and (2) identify and test for potential weaknesses in mediated agreements. That is, mediators work to insure that parties in conflict do not simply paper over the conflict or reach unrealistic or ineffective resolutions.
Arbitration is the third conflict resolution method. This method essentially involves the parties presenting their case to a neutral third party and having this third party, the arbitrator, judge the merits of each side’s case. In binding arbitration, the parties agree to submit to the judgment and remedies specified by the arbitrator. Arbitration can resemble, and even mimic, the legal processes (e.g., rules of evidence for civil suits, etc.) that would be engaged if the conflict cannot be resolved, or it can be customized to meet the needs and styles of the parties. If arbitration is to be used as a conflict resolution mechanism, however, it is probably best that the form and procedures to be used in the arbitration are specified in the initial contract or at some time before a conflict actually occurs. Otherwise, it is quite possible that the parties will waste resources strategizing and arguing over the rules to be used in arbitratng the conflict. In developing the rules to guide arbitration, contract negotiators can consider some of the following options:
youtube
Either–or judgments. Either–or judgments require the arbitrator to choose either the solution suggested by Party A or the solution suggested by Party B. It does not allow the arbitrator to fashion a compromise solution. The idea behind either–or judgments is to get the conflicting parties to develop options that include a high degree of compromise. The party choosing not to develop a compromise option will tend to lose out under this condition.
Unrestricted/restricted rules of evidence. Restricting evidence to that which would be allowed in court has the advantage of making the arbitration outcome more closely approximate the outcome that would be achieved if the parties went to court. Keeping the rules of evidence unrestricted, however, is more likely to allow issues to surface that, if left unaddressed, would lead to further conflict in the future.
Formal/informal method of argumentation. Again, whereas formal presentations of arguments will result in a better approximation of legal-system outcomes, informal presentations, appropriately referred, might do more to further interparty communications in the long term.
Restrictions on levels of judgment and types of remedies. The contract negotiators may want to restrict the value of the judgment that an arbitrator can assess (e.g., assessments under $200,000) or restrict the remedies to a particular type (e.g., remedies that involve repair of defective workmanship by the contractor but not remedies that involve hiring a different contractor to replace the work).
Typically, in contracts where there is some expectation of conflict, contract negotiators will attempt to structure a range of conflict resolution mechanisms and to require the parties in conflict to attempt to resolve their conflict using one method (e.g., negotiation or mediation) before going on to use another method (e.g., mediation or arbitration).
Building the trust relationship
Contracts of various types are entered into for different reasons. Some contracts are let out simply because it appears that costs can be saved, others are let out because the property owner does not have time to gear up to provide the service in-house, and still others are entered into because of the lack of in- house expertise.
Building trust or positive interdependence in contract relationships must begin with trust-enhancing measures on both sides. However, the government’s contract manager must take the lead in making this effort a meaningful one, as it is the usually the inactivity on the part of the government that allows a contractor to wander into a state of non- or poor performance. Key behaviors and steps that contract managers can initiate so as to increase the chances that a trust relationship will be established include
Developing key one-on-one personal relationships between the property owner’s and the contractor’s staff. These relations should involve a mix of formal and informal settings and conditions. Special efforts should be made to establish a relationship between individuals on each side who are designated as the single point of contact for their respective organizations
Establishing benchmarks and coordination and communication standards for such things as response time to queries and payment due communications; use of particular software, network protocols, and procurement processes; and clear expectations regarding shipping schedules, warehousing processes, inventory tracking, lead times, and so forth. When the property owner and the contractor attend to developing such standards, they prevent unnecessary deterioration of the relationship. Common procedures for fostering such communications include periodic report cards, regular meetings, and joint planning sessions.
When is a contractor’s relationship
The contractor’s relationship with the government must not have the attributes of an employer-employee relationship. Hence, even if a government enters into a contract for services, if the services are effectively rendered in a manner that suggests an employer-employee relationship, the Internal Revenue Service will require the government to pay the taxes it was attempting to avoid through the contract. A number of factors go into determining whether such an employer- employee relationship exists, including the nature of the work. If there is an employee who provides a similar service or type of work to the government, or if the person is responsible for a function of government or can exercise judgment on behalf of the government, this suggests that an employer-employee relationship exists. Also, an employer employee relationship exists if the government has control (or even the right to exert such control) over a person. Such control can relate to
• When, where, and how the work is done.
• The expectation that a person attend or receive training.
• The expectation that a person’s work be integrated with the operations and administrative routines of the government.
• The expectation that work be performed personally.
• Situations where the government hires, supervises, and pays other workers on the same job.
• The length of the relationship (e.g., steady long-term activity suggests an employer employee relationship).
• The expectation that a person work certain hours.
• The expectation that a person work full time on the government’s project or refrain from work on other projects.
• The expectation that the work be performed in the government’s facilities, especially when it could logically be done elsewhere.
• The expectation that work be performed in a preset order when it could potentially be performed in a different order.
• The requirement of frequent oral or written reports of activities.
• Payment that is by the hour, week, month, or other set interval rather than based on the job or on a straight commission.
• Payment of business expenses (which indicates an employer employee relationship).
• Furnishing tools and materials.
• The contractor’s investment in facilities, tools, and equipment (which indicates contractor independence).
• Realization of a profit or loss (which indicates contractor independence).
• Working for a number of people (which indicates contractor independence).
• Availability of services to the public (which indicates contractor independence).
• Right to discharge (if the government can threaten dismissal that is not based on nonperformance of contractual obligations, an employer employee relationship is suggested).
• Right to quit (if a person can quit without incurring a liability, this indicates an employer employee relationship, as a contractor who quits will typically be liable for nonperformance).
There should be a statement in the contract that indicates the contractor is independent. Unfortunately, while it is appropriate to include such language in the contract, the determining factor from the perspective of the Internal Revenue Service is the nature of the actual relationship. An experienced Morgan Utah real estate lawyer can draft a construction contract with appropriate language to ensure that the contractor is treated as an independent contractor.
Morgan Utah Real Estate Lawyer Free Consultation
When you need a real estate attorney for a matter in Morgan Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Quiet Title Actions. Evictions For Landlords. Boundary Disputes. Opinion Letters on Title Issues. Partition Lawsuits. And Much More. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-morgan-utah/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/12/13/real-estate-lawyer-morgan-utah/
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divorcelawyergunnisonutah · 6 years ago
Text
Real Estate Lawyer Morgan Utah
In any construction contract, it is important to have a provision for termination of the contract. An experienced Morgan Utah real estate lawyer can draft a customized construction contract for you incorporating the termination provision.
Contract Termination Provision
While the purpose of a contract is to obligate people and firms to perform in certain ways, the tightness of the bonds of mutual obligation can be set by the parties themselves–even to the point of nearly eliminating the obligation itself. Both contract suspension and contract termination provisions act in this way to allow one or both parties to breach the contract without substantial penalty. Termination clauses are typically written so as to allow the buyer to get out of the contract on certain terms, but they will occasionally be written so as to allow the seller to escape from their contractual duties as well. Contract termination clauses are sometimes open-ended to allow termination at the whim of one or more of the parties. However, such termination provisions can result in the contractor requiring a premium on the normal contract price to cover the risk of termination. More complex termination provisions are usually written in such a way as to balance the need for protection against the cost of this protection. Such provisions will often outline
youtube
• The conditions under which termination is an option (e.g., bankruptcy, failure to reach certain scheduled milestones or progress levels, behavior indicating incapacity or inability to complete the work as ordered in the contract, etc.).
• The time frame in which the termination will be initiated and completed. For example, the contract may call for the parties to be given notice of termination within two months prior to the new fiscal year, with the termination itself to be completed three months following notice.
• The payments to be made as part of the termination for startup costs, rental costs, loss of value of assets that are specific to a job, settlement expenses, subcontractor claims, inventory and warehousing costs, final audit costs, and so on. For large contracts, it may be prudent to specify what costs will be allowed as part of a settlement and what costs will be disallowed. For example, while a contractor may want to receive payment for materials still in inventory that have been purchased for a job, a more reasonable basis for payment would be reimbursement for items that could not be resold or be used on other jobs within a reasonable time period.
• The party or parties who are authorized to invoke a termination or a decision-making mechanism through which the termination provision is to be invoked.
Conflict Resolution Provisions
Conflict resolution provisions can be divided into two basic types: prevention provisions and resolution processes. Prevention provision take many forms depending on the kind of conflict that one can anticipate. A common prevention provision is one that specifies which documents will take precedence over others.
youtube
There are basically three methods for resolving conflicts: negotiation, mediation, and arbitration.
Negotiation essentially involve the parties in dispute discussing the conflict with each other with an eye toward trying to find a mutually satisfactory resolution to the conflict. As a conflict resolution strategy, negotiation is most effective when all the parties in conflict have good communication skills, good intentions, and a general willingness to compromise.
Mediation is like negotiation in that the outcome is one that is voluntary. What mediation adds is the expertise of a skilled mediator who helps the parties to identify their interests, generate multiple solutions, and discover the solution(s) that provides the best chance of mutual satisfaction and of avoiding further conflict, and insures that the parties’ rights are respected and that the agreement is fair and “tight” in all respects. Mediation is typically successful with all the persons who could negotiate a solution on their own, but is additionally successful with a large proportion of people who could not come to a satisfactory resolution without some assistance. If all else is equal, mediation could be described as being a bit more expensive than negotiation because the services of a mediator must be purchased. Studies of the effectiveness of mediation suggest, however, that the expertise of a skilled mediator can often mean the difference between a “band-aid” resolution that quickly falls apart and a resolution that is effective for the long term. This is the case because mediators are trained to (1) probe for and address hidden issues, including issues related to respect and psychological satisfaction, that if not addressed tend to generate additional conflict; and (2) identify and test for potential weaknesses in mediated agreements. That is, mediators work to insure that parties in conflict do not simply paper over the conflict or reach unrealistic or ineffective resolutions.
Arbitration is the third conflict resolution method. This method essentially involves the parties presenting their case to a neutral third party and having this third party, the arbitrator, judge the merits of each side’s case. In binding arbitration, the parties agree to submit to the judgment and remedies specified by the arbitrator. Arbitration can resemble, and even mimic, the legal processes (e.g., rules of evidence for civil suits, etc.) that would be engaged if the conflict cannot be resolved, or it can be customized to meet the needs and styles of the parties. If arbitration is to be used as a conflict resolution mechanism, however, it is probably best that the form and procedures to be used in the arbitration are specified in the initial contract or at some time before a conflict actually occurs. Otherwise, it is quite possible that the parties will waste resources strategizing and arguing over the rules to be used in arbitratng the conflict. In developing the rules to guide arbitration, contract negotiators can consider some of the following options:
youtube
Either–or judgments. Either–or judgments require the arbitrator to choose either the solution suggested by Party A or the solution suggested by Party B. It does not allow the arbitrator to fashion a compromise solution. The idea behind either–or judgments is to get the conflicting parties to develop options that include a high degree of compromise. The party choosing not to develop a compromise option will tend to lose out under this condition.
Unrestricted/restricted rules of evidence. Restricting evidence to that which would be allowed in court has the advantage of making the arbitration outcome more closely approximate the outcome that would be achieved if the parties went to court. Keeping the rules of evidence unrestricted, however, is more likely to allow issues to surface that, if left unaddressed, would lead to further conflict in the future.
Formal/informal method of argumentation. Again, whereas formal presentations of arguments will result in a better approximation of legal-system outcomes, informal presentations, appropriately referred, might do more to further interparty communications in the long term.
Restrictions on levels of judgment and types of remedies. The contract negotiators may want to restrict the value of the judgment that an arbitrator can assess (e.g., assessments under $200,000) or restrict the remedies to a particular type (e.g., remedies that involve repair of defective workmanship by the contractor but not remedies that involve hiring a different contractor to replace the work).
Typically, in contracts where there is some expectation of conflict, contract negotiators will attempt to structure a range of conflict resolution mechanisms and to require the parties in conflict to attempt to resolve their conflict using one method (e.g., negotiation or mediation) before going on to use another method (e.g., mediation or arbitration).
Building the trust relationship
Contracts of various types are entered into for different reasons. Some contracts are let out simply because it appears that costs can be saved, others are let out because the property owner does not have time to gear up to provide the service in-house, and still others are entered into because of the lack of in- house expertise.
Building trust or positive interdependence in contract relationships must begin with trust-enhancing measures on both sides. However, the government’s contract manager must take the lead in making this effort a meaningful one, as it is the usually the inactivity on the part of the government that allows a contractor to wander into a state of non- or poor performance. Key behaviors and steps that contract managers can initiate so as to increase the chances that a trust relationship will be established include
Developing key one-on-one personal relationships between the property owner’s and the contractor’s staff. These relations should involve a mix of formal and informal settings and conditions. Special efforts should be made to establish a relationship between individuals on each side who are designated as the single point of contact for their respective organizations
Establishing benchmarks and coordination and communication standards for such things as response time to queries and payment due communications; use of particular software, network protocols, and procurement processes; and clear expectations regarding shipping schedules, warehousing processes, inventory tracking, lead times, and so forth. When the property owner and the contractor attend to developing such standards, they prevent unnecessary deterioration of the relationship. Common procedures for fostering such communications include periodic report cards, regular meetings, and joint planning sessions.
When is a contractor’s relationship
The contractor’s relationship with the government must not have the attributes of an employer-employee relationship. Hence, even if a government enters into a contract for services, if the services are effectively rendered in a manner that suggests an employer-employee relationship, the Internal Revenue Service will require the government to pay the taxes it was attempting to avoid through the contract. A number of factors go into determining whether such an employer- employee relationship exists, including the nature of the work. If there is an employee who provides a similar service or type of work to the government, or if the person is responsible for a function of government or can exercise judgment on behalf of the government, this suggests that an employer-employee relationship exists. Also, an employer employee relationship exists if the government has control (or even the right to exert such control) over a person. Such control can relate to
• When, where, and how the work is done.
• The expectation that a person attend or receive training.
• The expectation that a person’s work be integrated with the operations and administrative routines of the government.
• The expectation that work be performed personally.
• Situations where the government hires, supervises, and pays other workers on the same job.
• The length of the relationship (e.g., steady long-term activity suggests an employer employee relationship).
• The expectation that a person work certain hours.
• The expectation that a person work full time on the government’s project or refrain from work on other projects.
• The expectation that the work be performed in the government’s facilities, especially when it could logically be done elsewhere.
• The expectation that work be performed in a preset order when it could potentially be performed in a different order.
• The requirement of frequent oral or written reports of activities.
• Payment that is by the hour, week, month, or other set interval rather than based on the job or on a straight commission.
• Payment of business expenses (which indicates an employer employee relationship).
• Furnishing tools and materials.
• The contractor’s investment in facilities, tools, and equipment (which indicates contractor independence).
• Realization of a profit or loss (which indicates contractor independence).
• Working for a number of people (which indicates contractor independence).
• Availability of services to the public (which indicates contractor independence).
• Right to discharge (if the government can threaten dismissal that is not based on nonperformance of contractual obligations, an employer employee relationship is suggested).
• Right to quit (if a person can quit without incurring a liability, this indicates an employer employee relationship, as a contractor who quits will typically be liable for nonperformance).
There should be a statement in the contract that indicates the contractor is independent. Unfortunately, while it is appropriate to include such language in the contract, the determining factor from the perspective of the Internal Revenue Service is the nature of the actual relationship. An experienced Morgan Utah real estate lawyer can draft a construction contract with appropriate language to ensure that the contractor is treated as an independent contractor.
Morgan Utah Real Estate Lawyer Free Consultation
When you need a real estate attorney for a matter in Morgan Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Quiet Title Actions. Evictions For Landlords. Boundary Disputes. Opinion Letters on Title Issues. Partition Lawsuits. And Much More. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Buying A House With Someone Else
Can I Beat A DUI If I Was Over The Limit?
Bankruptcy Lawyer Orem Utah
Tax Audit Defense Law
Divorce Or Live Together?
Can I Go After My Ex-Husband’s New Wife For Alimony?
from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-morgan-utah/
0 notes
mayarosa47 · 6 years ago
Text
Real Estate Lawyer Morgan Utah
In any construction contract, it is important to have a provision for termination of the contract. An experienced Morgan Utah real estate lawyer can draft a customized construction contract for you incorporating the termination provision.
Contract Termination Provision
While the purpose of a contract is to obligate people and firms to perform in certain ways, the tightness of the bonds of mutual obligation can be set by the parties themselves–even to the point of nearly eliminating the obligation itself. Both contract suspension and contract termination provisions act in this way to allow one or both parties to breach the contract without substantial penalty. Termination clauses are typically written so as to allow the buyer to get out of the contract on certain terms, but they will occasionally be written so as to allow the seller to escape from their contractual duties as well. Contract termination clauses are sometimes open-ended to allow termination at the whim of one or more of the parties. However, such termination provisions can result in the contractor requiring a premium on the normal contract price to cover the risk of termination. More complex termination provisions are usually written in such a way as to balance the need for protection against the cost of this protection. Such provisions will often outline
• The conditions under which termination is an option (e.g., bankruptcy, failure to reach certain scheduled milestones or progress levels, behavior indicating incapacity or inability to complete the work as ordered in the contract, etc.).
• The time frame in which the termination will be initiated and completed. For example, the contract may call for the parties to be given notice of termination within two months prior to the new fiscal year, with the termination itself to be completed three months following notice.
• The payments to be made as part of the termination for startup costs, rental costs, loss of value of assets that are specific to a job, settlement expenses, subcontractor claims, inventory and warehousing costs, final audit costs, and so on. For large contracts, it may be prudent to specify what costs will be allowed as part of a settlement and what costs will be disallowed. For example, while a contractor may want to receive payment for materials still in inventory that have been purchased for a job, a more reasonable basis for payment would be reimbursement for items that could not be resold or be used on other jobs within a reasonable time period.
• The party or parties who are authorized to invoke a termination or a decision-making mechanism through which the termination provision is to be invoked.
Conflict Resolution Provisions
Conflict resolution provisions can be divided into two basic types: prevention provisions and resolution processes. Prevention provision take many forms depending on the kind of conflict that one can anticipate. A common prevention provision is one that specifies which documents will take precedence over others.
There are basically three methods for resolving conflicts: negotiation, mediation, and arbitration.
Negotiation essentially involve the parties in dispute discussing the conflict with each other with an eye toward trying to find a mutually satisfactory resolution to the conflict. As a conflict resolution strategy, negotiation is most effective when all the parties in conflict have good communication skills, good intentions, and a general willingness to compromise.
Mediation is like negotiation in that the outcome is one that is voluntary. What mediation adds is the expertise of a skilled mediator who helps the parties to identify their interests, generate multiple solutions, and discover the solution(s) that provides the best chance of mutual satisfaction and of avoiding further conflict, and insures that the parties’ rights are respected and that the agreement is fair and “tight” in all respects. Mediation is typically successful with all the persons who could negotiate a solution on their own, but is additionally successful with a large proportion of people who could not come to a satisfactory resolution without some assistance. If all else is equal, mediation could be described as being a bit more expensive than negotiation because the services of a mediator must be purchased. Studies of the effectiveness of mediation suggest, however, that the expertise of a skilled mediator can often mean the difference between a “band-aid” resolution that quickly falls apart and a resolution that is effective for the long term. This is the case because mediators are trained to (1) probe for and address hidden issues, including issues related to respect and psychological satisfaction, that if not addressed tend to generate additional conflict; and (2) identify and test for potential weaknesses in mediated agreements. That is, mediators work to insure that parties in conflict do not simply paper over the conflict or reach unrealistic or ineffective resolutions.
Arbitration is the third conflict resolution method. This method essentially involves the parties presenting their case to a neutral third party and having this third party, the arbitrator, judge the merits of each side’s case. In binding arbitration, the parties agree to submit to the judgment and remedies specified by the arbitrator. Arbitration can resemble, and even mimic, the legal processes (e.g., rules of evidence for civil suits, etc.) that would be engaged if the conflict cannot be resolved, or it can be customized to meet the needs and styles of the parties. If arbitration is to be used as a conflict resolution mechanism, however, it is probably best that the form and procedures to be used in the arbitration are specified in the initial contract or at some time before a conflict actually occurs. Otherwise, it is quite possible that the parties will waste resources strategizing and arguing over the rules to be used in arbitratng the conflict. In developing the rules to guide arbitration, contract negotiators can consider some of the following options:
Either–or judgments. Either–or judgments require the arbitrator to choose either the solution suggested by Party A or the solution suggested by Party B. It does not allow the arbitrator to fashion a compromise solution. The idea behind either–or judgments is to get the conflicting parties to develop options that include a high degree of compromise. The party choosing not to develop a compromise option will tend to lose out under this condition.
Unrestricted/restricted rules of evidence. Restricting evidence to that which would be allowed in court has the advantage of making the arbitration outcome more closely approximate the outcome that would be achieved if the parties went to court. Keeping the rules of evidence unrestricted, however, is more likely to allow issues to surface that, if left unaddressed, would lead to further conflict in the future.
Formal/informal method of argumentation. Again, whereas formal presentations of arguments will result in a better approximation of legal-system outcomes, informal presentations, appropriately referred, might do more to further interparty communications in the long term.
Restrictions on levels of judgment and types of remedies. The contract negotiators may want to restrict the value of the judgment that an arbitrator can assess (e.g., assessments under $200,000) or restrict the remedies to a particular type (e.g., remedies that involve repair of defective workmanship by the contractor but not remedies that involve hiring a different contractor to replace the work).
Typically, in contracts where there is some expectation of conflict, contract negotiators will attempt to structure a range of conflict resolution mechanisms and to require the parties in conflict to attempt to resolve their conflict using one method (e.g., negotiation or mediation) before going on to use another method (e.g., mediation or arbitration).
Building the trust relationship
Contracts of various types are entered into for different reasons. Some contracts are let out simply because it appears that costs can be saved, others are let out because the property owner does not have time to gear up to provide the service in-house, and still others are entered into because of the lack of in- house expertise.
Building trust or positive interdependence in contract relationships must begin with trust-enhancing measures on both sides. However, the government’s contract manager must take the lead in making this effort a meaningful one, as it is the usually the inactivity on the part of the government that allows a contractor to wander into a state of non- or poor performance. Key behaviors and steps that contract managers can initiate so as to increase the chances that a trust relationship will be established include
Developing key one-on-one personal relationships between the property owner’s and the contractor’s staff. These relations should involve a mix of formal and informal settings and conditions. Special efforts should be made to establish a relationship between individuals on each side who are designated as the single point of contact for their respective organizations
Establishing benchmarks and coordination and communication standards for such things as response time to queries and payment due communications; use of particular software, network protocols, and procurement processes; and clear expectations regarding shipping schedules, warehousing processes, inventory tracking, lead times, and so forth. When the property owner and the contractor attend to developing such standards, they prevent unnecessary deterioration of the relationship. Common procedures for fostering such communications include periodic report cards, regular meetings, and joint planning sessions.
When is a contractor’s relationship
The contractor’s relationship with the government must not have the attributes of an employer-employee relationship. Hence, even if a government enters into a contract for services, if the services are effectively rendered in a manner that suggests an employer-employee relationship, the Internal Revenue Service will require the government to pay the taxes it was attempting to avoid through the contract. A number of factors go into determining whether such an employer- employee relationship exists, including the nature of the work. If there is an employee who provides a similar service or type of work to the government, or if the person is responsible for a function of government or can exercise judgment on behalf of the government, this suggests that an employer-employee relationship exists. Also, an employer employee relationship exists if the government has control (or even the right to exert such control) over a person. Such control can relate to
• When, where, and how the work is done.
• The expectation that a person attend or receive training.
• The expectation that a person’s work be integrated with the operations and administrative routines of the government.
• The expectation that work be performed personally.
• Situations where the government hires, supervises, and pays other workers on the same job.
• The length of the relationship (e.g., steady long-term activity suggests an employer employee relationship).
• The expectation that a person work certain hours.
• The expectation that a person work full time on the government’s project or refrain from work on other projects.
• The expectation that the work be performed in the government’s facilities, especially when it could logically be done elsewhere.
• The expectation that work be performed in a preset order when it could potentially be performed in a different order.
• The requirement of frequent oral or written reports of activities.
• Payment that is by the hour, week, month, or other set interval rather than based on the job or on a straight commission.
• Payment of business expenses (which indicates an employer employee relationship).
• Furnishing tools and materials.
• The contractor’s investment in facilities, tools, and equipment (which indicates contractor independence).
• Realization of a profit or loss (which indicates contractor independence).
• Working for a number of people (which indicates contractor independence).
• Availability of services to the public (which indicates contractor independence).
• Right to discharge (if the government can threaten dismissal that is not based on nonperformance of contractual obligations, an employer employee relationship is suggested).
• Right to quit (if a person can quit without incurring a liability, this indicates an employer employee relationship, as a contractor who quits will typically be liable for nonperformance).
There should be a statement in the contract that indicates the contractor is independent. Unfortunately, while it is appropriate to include such language in the contract, the determining factor from the perspective of the Internal Revenue Service is the nature of the actual relationship. An experienced Morgan Utah real estate lawyer can draft a construction contract with appropriate language to ensure that the contractor is treated as an independent contractor.
Morgan Utah Real Estate Lawyer Free Consultation
When you need a real estate attorney for a matter in Morgan Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Quiet Title Actions. Evictions For Landlords. Boundary Disputes. Opinion Letters on Title Issues. Partition Lawsuits. And Much More. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Buying A House With Someone Else
Can I Beat A DUI If I Was Over The Limit?
Bankruptcy Lawyer Orem Utah
Tax Audit Defense Law
Divorce Or Live Together?
Can I Go After My Ex-Husband’s New Wife For Alimony?
from https://www.ascentlawfirm.com/real-estate-lawyer-morgan-utah/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/real-estate-lawyer-morgan-utah
0 notes
melissawalker01 · 6 years ago
Text
Real Estate Lawyer Morgan Utah
In any construction contract, it is important to have a provision for termination of the contract. An experienced Morgan Utah real estate lawyer can draft a customized construction contract for you incorporating the termination provision.
Contract Termination Provision
While the purpose of a contract is to obligate people and firms to perform in certain ways, the tightness of the bonds of mutual obligation can be set by the parties themselves–even to the point of nearly eliminating the obligation itself. Both contract suspension and contract termination provisions act in this way to allow one or both parties to breach the contract without substantial penalty. Termination clauses are typically written so as to allow the buyer to get out of the contract on certain terms, but they will occasionally be written so as to allow the seller to escape from their contractual duties as well. Contract termination clauses are sometimes open-ended to allow termination at the whim of one or more of the parties. However, such termination provisions can result in the contractor requiring a premium on the normal contract price to cover the risk of termination. More complex termination provisions are usually written in such a way as to balance the need for protection against the cost of this protection. Such provisions will often outline
youtube
• The conditions under which termination is an option (e.g., bankruptcy, failure to reach certain scheduled milestones or progress levels, behavior indicating incapacity or inability to complete the work as ordered in the contract, etc.).
• The time frame in which the termination will be initiated and completed. For example, the contract may call for the parties to be given notice of termination within two months prior to the new fiscal year, with the termination itself to be completed three months following notice.
• The payments to be made as part of the termination for startup costs, rental costs, loss of value of assets that are specific to a job, settlement expenses, subcontractor claims, inventory and warehousing costs, final audit costs, and so on. For large contracts, it may be prudent to specify what costs will be allowed as part of a settlement and what costs will be disallowed. For example, while a contractor may want to receive payment for materials still in inventory that have been purchased for a job, a more reasonable basis for payment would be reimbursement for items that could not be resold or be used on other jobs within a reasonable time period.
• The party or parties who are authorized to invoke a termination or a decision-making mechanism through which the termination provision is to be invoked.
Conflict Resolution Provisions
Conflict resolution provisions can be divided into two basic types: prevention provisions and resolution processes. Prevention provision take many forms depending on the kind of conflict that one can anticipate. A common prevention provision is one that specifies which documents will take precedence over others.
youtube
There are basically three methods for resolving conflicts: negotiation, mediation, and arbitration.
Negotiation essentially involve the parties in dispute discussing the conflict with each other with an eye toward trying to find a mutually satisfactory resolution to the conflict. As a conflict resolution strategy, negotiation is most effective when all the parties in conflict have good communication skills, good intentions, and a general willingness to compromise.
Mediation is like negotiation in that the outcome is one that is voluntary. What mediation adds is the expertise of a skilled mediator who helps the parties to identify their interests, generate multiple solutions, and discover the solution(s) that provides the best chance of mutual satisfaction and of avoiding further conflict, and insures that the parties’ rights are respected and that the agreement is fair and “tight” in all respects. Mediation is typically successful with all the persons who could negotiate a solution on their own, but is additionally successful with a large proportion of people who could not come to a satisfactory resolution without some assistance. If all else is equal, mediation could be described as being a bit more expensive than negotiation because the services of a mediator must be purchased. Studies of the effectiveness of mediation suggest, however, that the expertise of a skilled mediator can often mean the difference between a “band-aid” resolution that quickly falls apart and a resolution that is effective for the long term. This is the case because mediators are trained to (1) probe for and address hidden issues, including issues related to respect and psychological satisfaction, that if not addressed tend to generate additional conflict; and (2) identify and test for potential weaknesses in mediated agreements. That is, mediators work to insure that parties in conflict do not simply paper over the conflict or reach unrealistic or ineffective resolutions.
Arbitration is the third conflict resolution method. This method essentially involves the parties presenting their case to a neutral third party and having this third party, the arbitrator, judge the merits of each side’s case. In binding arbitration, the parties agree to submit to the judgment and remedies specified by the arbitrator. Arbitration can resemble, and even mimic, the legal processes (e.g., rules of evidence for civil suits, etc.) that would be engaged if the conflict cannot be resolved, or it can be customized to meet the needs and styles of the parties. If arbitration is to be used as a conflict resolution mechanism, however, it is probably best that the form and procedures to be used in the arbitration are specified in the initial contract or at some time before a conflict actually occurs. Otherwise, it is quite possible that the parties will waste resources strategizing and arguing over the rules to be used in arbitratng the conflict. In developing the rules to guide arbitration, contract negotiators can consider some of the following options:
youtube
Either–or judgments. Either–or judgments require the arbitrator to choose either the solution suggested by Party A or the solution suggested by Party B. It does not allow the arbitrator to fashion a compromise solution. The idea behind either–or judgments is to get the conflicting parties to develop options that include a high degree of compromise. The party choosing not to develop a compromise option will tend to lose out under this condition.
Unrestricted/restricted rules of evidence. Restricting evidence to that which would be allowed in court has the advantage of making the arbitration outcome more closely approximate the outcome that would be achieved if the parties went to court. Keeping the rules of evidence unrestricted, however, is more likely to allow issues to surface that, if left unaddressed, would lead to further conflict in the future.
Formal/informal method of argumentation. Again, whereas formal presentations of arguments will result in a better approximation of legal-system outcomes, informal presentations, appropriately referred, might do more to further interparty communications in the long term.
Restrictions on levels of judgment and types of remedies. The contract negotiators may want to restrict the value of the judgment that an arbitrator can assess (e.g., assessments under $200,000) or restrict the remedies to a particular type (e.g., remedies that involve repair of defective workmanship by the contractor but not remedies that involve hiring a different contractor to replace the work).
Typically, in contracts where there is some expectation of conflict, contract negotiators will attempt to structure a range of conflict resolution mechanisms and to require the parties in conflict to attempt to resolve their conflict using one method (e.g., negotiation or mediation) before going on to use another method (e.g., mediation or arbitration).
Building the trust relationship
Contracts of various types are entered into for different reasons. Some contracts are let out simply because it appears that costs can be saved, others are let out because the property owner does not have time to gear up to provide the service in-house, and still others are entered into because of the lack of in- house expertise.
Building trust or positive interdependence in contract relationships must begin with trust-enhancing measures on both sides. However, the government’s contract manager must take the lead in making this effort a meaningful one, as it is the usually the inactivity on the part of the government that allows a contractor to wander into a state of non- or poor performance. Key behaviors and steps that contract managers can initiate so as to increase the chances that a trust relationship will be established include
Developing key one-on-one personal relationships between the property owner’s and the contractor’s staff. These relations should involve a mix of formal and informal settings and conditions. Special efforts should be made to establish a relationship between individuals on each side who are designated as the single point of contact for their respective organizations
Establishing benchmarks and coordination and communication standards for such things as response time to queries and payment due communications; use of particular software, network protocols, and procurement processes; and clear expectations regarding shipping schedules, warehousing processes, inventory tracking, lead times, and so forth. When the property owner and the contractor attend to developing such standards, they prevent unnecessary deterioration of the relationship. Common procedures for fostering such communications include periodic report cards, regular meetings, and joint planning sessions.
When is a contractor’s relationship
The contractor’s relationship with the government must not have the attributes of an employer-employee relationship. Hence, even if a government enters into a contract for services, if the services are effectively rendered in a manner that suggests an employer-employee relationship, the Internal Revenue Service will require the government to pay the taxes it was attempting to avoid through the contract. A number of factors go into determining whether such an employer- employee relationship exists, including the nature of the work. If there is an employee who provides a similar service or type of work to the government, or if the person is responsible for a function of government or can exercise judgment on behalf of the government, this suggests that an employer-employee relationship exists. Also, an employer employee relationship exists if the government has control (or even the right to exert such control) over a person. Such control can relate to
• When, where, and how the work is done.
• The expectation that a person attend or receive training.
• The expectation that a person’s work be integrated with the operations and administrative routines of the government.
• The expectation that work be performed personally.
• Situations where the government hires, supervises, and pays other workers on the same job.
• The length of the relationship (e.g., steady long-term activity suggests an employer employee relationship).
• The expectation that a person work certain hours.
• The expectation that a person work full time on the government’s project or refrain from work on other projects.
• The expectation that the work be performed in the government’s facilities, especially when it could logically be done elsewhere.
• The expectation that work be performed in a preset order when it could potentially be performed in a different order.
• The requirement of frequent oral or written reports of activities.
• Payment that is by the hour, week, month, or other set interval rather than based on the job or on a straight commission.
• Payment of business expenses (which indicates an employer employee relationship).
• Furnishing tools and materials.
• The contractor’s investment in facilities, tools, and equipment (which indicates contractor independence).
• Realization of a profit or loss (which indicates contractor independence).
• Working for a number of people (which indicates contractor independence).
• Availability of services to the public (which indicates contractor independence).
• Right to discharge (if the government can threaten dismissal that is not based on nonperformance of contractual obligations, an employer employee relationship is suggested).
• Right to quit (if a person can quit without incurring a liability, this indicates an employer employee relationship, as a contractor who quits will typically be liable for nonperformance).
There should be a statement in the contract that indicates the contractor is independent. Unfortunately, while it is appropriate to include such language in the contract, the determining factor from the perspective of the Internal Revenue Service is the nature of the actual relationship. An experienced Morgan Utah real estate lawyer can draft a construction contract with appropriate language to ensure that the contractor is treated as an independent contractor.
Morgan Utah Real Estate Lawyer Free Consultation
When you need a real estate attorney for a matter in Morgan Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Quiet Title Actions. Evictions For Landlords. Boundary Disputes. Opinion Letters on Title Issues. Partition Lawsuits. And Much More. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Buying A House With Someone Else
Can I Beat A DUI If I Was Over The Limit?
Bankruptcy Lawyer Orem Utah
Tax Audit Defense Law
Divorce Or Live Together?
Can I Go After My Ex-Husband’s New Wife For Alimony?
from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-morgan-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/189643317525
0 notes
coming-from-hell · 6 years ago
Text
Real Estate Lawyer Morgan Utah
In any construction contract, it is important to have a provision for termination of the contract. An experienced Morgan Utah real estate lawyer can draft a customized construction contract for you incorporating the termination provision.
Contract Termination Provision
While the purpose of a contract is to obligate people and firms to perform in certain ways, the tightness of the bonds of mutual obligation can be set by the parties themselves–even to the point of nearly eliminating the obligation itself. Both contract suspension and contract termination provisions act in this way to allow one or both parties to breach the contract without substantial penalty. Termination clauses are typically written so as to allow the buyer to get out of the contract on certain terms, but they will occasionally be written so as to allow the seller to escape from their contractual duties as well. Contract termination clauses are sometimes open-ended to allow termination at the whim of one or more of the parties. However, such termination provisions can result in the contractor requiring a premium on the normal contract price to cover the risk of termination. More complex termination provisions are usually written in such a way as to balance the need for protection against the cost of this protection. Such provisions will often outline
youtube
• The conditions under which termination is an option (e.g., bankruptcy, failure to reach certain scheduled milestones or progress levels, behavior indicating incapacity or inability to complete the work as ordered in the contract, etc.).
• The time frame in which the termination will be initiated and completed. For example, the contract may call for the parties to be given notice of termination within two months prior to the new fiscal year, with the termination itself to be completed three months following notice.
• The payments to be made as part of the termination for startup costs, rental costs, loss of value of assets that are specific to a job, settlement expenses, subcontractor claims, inventory and warehousing costs, final audit costs, and so on. For large contracts, it may be prudent to specify what costs will be allowed as part of a settlement and what costs will be disallowed. For example, while a contractor may want to receive payment for materials still in inventory that have been purchased for a job, a more reasonable basis for payment would be reimbursement for items that could not be resold or be used on other jobs within a reasonable time period.
• The party or parties who are authorized to invoke a termination or a decision-making mechanism through which the termination provision is to be invoked.
Conflict Resolution Provisions
Conflict resolution provisions can be divided into two basic types: prevention provisions and resolution processes. Prevention provision take many forms depending on the kind of conflict that one can anticipate. A common prevention provision is one that specifies which documents will take precedence over others.
youtube
There are basically three methods for resolving conflicts: negotiation, mediation, and arbitration.
Negotiation essentially involve the parties in dispute discussing the conflict with each other with an eye toward trying to find a mutually satisfactory resolution to the conflict. As a conflict resolution strategy, negotiation is most effective when all the parties in conflict have good communication skills, good intentions, and a general willingness to compromise.
Mediation is like negotiation in that the outcome is one that is voluntary. What mediation adds is the expertise of a skilled mediator who helps the parties to identify their interests, generate multiple solutions, and discover the solution(s) that provides the best chance of mutual satisfaction and of avoiding further conflict, and insures that the parties’ rights are respected and that the agreement is fair and “tight” in all respects. Mediation is typically successful with all the persons who could negotiate a solution on their own, but is additionally successful with a large proportion of people who could not come to a satisfactory resolution without some assistance. If all else is equal, mediation could be described as being a bit more expensive than negotiation because the services of a mediator must be purchased. Studies of the effectiveness of mediation suggest, however, that the expertise of a skilled mediator can often mean the difference between a “band-aid” resolution that quickly falls apart and a resolution that is effective for the long term. This is the case because mediators are trained to (1) probe for and address hidden issues, including issues related to respect and psychological satisfaction, that if not addressed tend to generate additional conflict; and (2) identify and test for potential weaknesses in mediated agreements. That is, mediators work to insure that parties in conflict do not simply paper over the conflict or reach unrealistic or ineffective resolutions.
Arbitration is the third conflict resolution method. This method essentially involves the parties presenting their case to a neutral third party and having this third party, the arbitrator, judge the merits of each side’s case. In binding arbitration, the parties agree to submit to the judgment and remedies specified by the arbitrator. Arbitration can resemble, and even mimic, the legal processes (e.g., rules of evidence for civil suits, etc.) that would be engaged if the conflict cannot be resolved, or it can be customized to meet the needs and styles of the parties. If arbitration is to be used as a conflict resolution mechanism, however, it is probably best that the form and procedures to be used in the arbitration are specified in the initial contract or at some time before a conflict actually occurs. Otherwise, it is quite possible that the parties will waste resources strategizing and arguing over the rules to be used in arbitratng the conflict. In developing the rules to guide arbitration, contract negotiators can consider some of the following options:
youtube
Either–or judgments. Either–or judgments require the arbitrator to choose either the solution suggested by Party A or the solution suggested by Party B. It does not allow the arbitrator to fashion a compromise solution. The idea behind either–or judgments is to get the conflicting parties to develop options that include a high degree of compromise. The party choosing not to develop a compromise option will tend to lose out under this condition.
Unrestricted/restricted rules of evidence. Restricting evidence to that which would be allowed in court has the advantage of making the arbitration outcome more closely approximate the outcome that would be achieved if the parties went to court. Keeping the rules of evidence unrestricted, however, is more likely to allow issues to surface that, if left unaddressed, would lead to further conflict in the future.
Formal/informal method of argumentation. Again, whereas formal presentations of arguments will result in a better approximation of legal-system outcomes, informal presentations, appropriately referred, might do more to further interparty communications in the long term.
Restrictions on levels of judgment and types of remedies. The contract negotiators may want to restrict the value of the judgment that an arbitrator can assess (e.g., assessments under $200,000) or restrict the remedies to a particular type (e.g., remedies that involve repair of defective workmanship by the contractor but not remedies that involve hiring a different contractor to replace the work).
Typically, in contracts where there is some expectation of conflict, contract negotiators will attempt to structure a range of conflict resolution mechanisms and to require the parties in conflict to attempt to resolve their conflict using one method (e.g., negotiation or mediation) before going on to use another method (e.g., mediation or arbitration).
Building the trust relationship
Contracts of various types are entered into for different reasons. Some contracts are let out simply because it appears that costs can be saved, others are let out because the property owner does not have time to gear up to provide the service in-house, and still others are entered into because of the lack of in- house expertise.
Building trust or positive interdependence in contract relationships must begin with trust-enhancing measures on both sides. However, the government’s contract manager must take the lead in making this effort a meaningful one, as it is the usually the inactivity on the part of the government that allows a contractor to wander into a state of non- or poor performance. Key behaviors and steps that contract managers can initiate so as to increase the chances that a trust relationship will be established include
Developing key one-on-one personal relationships between the property owner’s and the contractor’s staff. These relations should involve a mix of formal and informal settings and conditions. Special efforts should be made to establish a relationship between individuals on each side who are designated as the single point of contact for their respective organizations
Establishing benchmarks and coordination and communication standards for such things as response time to queries and payment due communications; use of particular software, network protocols, and procurement processes; and clear expectations regarding shipping schedules, warehousing processes, inventory tracking, lead times, and so forth. When the property owner and the contractor attend to developing such standards, they prevent unnecessary deterioration of the relationship. Common procedures for fostering such communications include periodic report cards, regular meetings, and joint planning sessions.
When is a contractor’s relationship
The contractor’s relationship with the government must not have the attributes of an employer-employee relationship. Hence, even if a government enters into a contract for services, if the services are effectively rendered in a manner that suggests an employer-employee relationship, the Internal Revenue Service will require the government to pay the taxes it was attempting to avoid through the contract. A number of factors go into determining whether such an employer- employee relationship exists, including the nature of the work. If there is an employee who provides a similar service or type of work to the government, or if the person is responsible for a function of government or can exercise judgment on behalf of the government, this suggests that an employer-employee relationship exists. Also, an employer employee relationship exists if the government has control (or even the right to exert such control) over a person. Such control can relate to
• When, where, and how the work is done.
• The expectation that a person attend or receive training.
• The expectation that a person’s work be integrated with the operations and administrative routines of the government.
• The expectation that work be performed personally.
• Situations where the government hires, supervises, and pays other workers on the same job.
• The length of the relationship (e.g., steady long-term activity suggests an employer employee relationship).
• The expectation that a person work certain hours.
• The expectation that a person work full time on the government’s project or refrain from work on other projects.
• The expectation that the work be performed in the government’s facilities, especially when it could logically be done elsewhere.
• The expectation that work be performed in a preset order when it could potentially be performed in a different order.
• The requirement of frequent oral or written reports of activities.
• Payment that is by the hour, week, month, or other set interval rather than based on the job or on a straight commission.
• Payment of business expenses (which indicates an employer employee relationship).
• Furnishing tools and materials.
• The contractor’s investment in facilities, tools, and equipment (which indicates contractor independence).
• Realization of a profit or loss (which indicates contractor independence).
• Working for a number of people (which indicates contractor independence).
• Availability of services to the public (which indicates contractor independence).
• Right to discharge (if the government can threaten dismissal that is not based on nonperformance of contractual obligations, an employer employee relationship is suggested).
• Right to quit (if a person can quit without incurring a liability, this indicates an employer employee relationship, as a contractor who quits will typically be liable for nonperformance).
There should be a statement in the contract that indicates the contractor is independent. Unfortunately, while it is appropriate to include such language in the contract, the determining factor from the perspective of the Internal Revenue Service is the nature of the actual relationship. An experienced Morgan Utah real estate lawyer can draft a construction contract with appropriate language to ensure that the contractor is treated as an independent contractor.
Morgan Utah Real Estate Lawyer Free Consultation
When you need a real estate attorney for a matter in Morgan Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Quiet Title Actions. Evictions For Landlords. Boundary Disputes. Opinion Letters on Title Issues. Partition Lawsuits. And Much More. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Buying A House With Someone Else
Can I Beat A DUI If I Was Over The Limit?
Bankruptcy Lawyer Orem Utah
Tax Audit Defense Law
Divorce Or Live Together?
Can I Go After My Ex-Husband’s New Wife For Alimony?
Source: https://www.ascentlawfirm.com/real-estate-lawyer-morgan-utah/
0 notes
Text
Real Estate Lawyer Morgan Utah
In any construction contract, it is important to have a provision for termination of the contract. An experienced Morgan Utah real estate lawyer can draft a customized construction contract for you incorporating the termination provision.
Contract Termination Provision
While the purpose of a contract is to obligate people and firms to perform in certain ways, the tightness of the bonds of mutual obligation can be set by the parties themselves–even to the point of nearly eliminating the obligation itself. Both contract suspension and contract termination provisions act in this way to allow one or both parties to breach the contract without substantial penalty. Termination clauses are typically written so as to allow the buyer to get out of the contract on certain terms, but they will occasionally be written so as to allow the seller to escape from their contractual duties as well. Contract termination clauses are sometimes open-ended to allow termination at the whim of one or more of the parties. However, such termination provisions can result in the contractor requiring a premium on the normal contract price to cover the risk of termination. More complex termination provisions are usually written in such a way as to balance the need for protection against the cost of this protection. Such provisions will often outline
youtube
• The conditions under which termination is an option (e.g., bankruptcy, failure to reach certain scheduled milestones or progress levels, behavior indicating incapacity or inability to complete the work as ordered in the contract, etc.).
• The time frame in which the termination will be initiated and completed. For example, the contract may call for the parties to be given notice of termination within two months prior to the new fiscal year, with the termination itself to be completed three months following notice.
• The payments to be made as part of the termination for startup costs, rental costs, loss of value of assets that are specific to a job, settlement expenses, subcontractor claims, inventory and warehousing costs, final audit costs, and so on. For large contracts, it may be prudent to specify what costs will be allowed as part of a settlement and what costs will be disallowed. For example, while a contractor may want to receive payment for materials still in inventory that have been purchased for a job, a more reasonable basis for payment would be reimbursement for items that could not be resold or be used on other jobs within a reasonable time period.
• The party or parties who are authorized to invoke a termination or a decision-making mechanism through which the termination provision is to be invoked.
Conflict Resolution Provisions
Conflict resolution provisions can be divided into two basic types: prevention provisions and resolution processes. Prevention provision take many forms depending on the kind of conflict that one can anticipate. A common prevention provision is one that specifies which documents will take precedence over others.
youtube
There are basically three methods for resolving conflicts: negotiation, mediation, and arbitration.
Negotiation essentially involve the parties in dispute discussing the conflict with each other with an eye toward trying to find a mutually satisfactory resolution to the conflict. As a conflict resolution strategy, negotiation is most effective when all the parties in conflict have good communication skills, good intentions, and a general willingness to compromise.
Mediation is like negotiation in that the outcome is one that is voluntary. What mediation adds is the expertise of a skilled mediator who helps the parties to identify their interests, generate multiple solutions, and discover the solution(s) that provides the best chance of mutual satisfaction and of avoiding further conflict, and insures that the parties’ rights are respected and that the agreement is fair and “tight” in all respects. Mediation is typically successful with all the persons who could negotiate a solution on their own, but is additionally successful with a large proportion of people who could not come to a satisfactory resolution without some assistance. If all else is equal, mediation could be described as being a bit more expensive than negotiation because the services of a mediator must be purchased. Studies of the effectiveness of mediation suggest, however, that the expertise of a skilled mediator can often mean the difference between a “band-aid” resolution that quickly falls apart and a resolution that is effective for the long term. This is the case because mediators are trained to (1) probe for and address hidden issues, including issues related to respect and psychological satisfaction, that if not addressed tend to generate additional conflict; and (2) identify and test for potential weaknesses in mediated agreements. That is, mediators work to insure that parties in conflict do not simply paper over the conflict or reach unrealistic or ineffective resolutions.
Arbitration is the third conflict resolution method. This method essentially involves the parties presenting their case to a neutral third party and having this third party, the arbitrator, judge the merits of each side’s case. In binding arbitration, the parties agree to submit to the judgment and remedies specified by the arbitrator. Arbitration can resemble, and even mimic, the legal processes (e.g., rules of evidence for civil suits, etc.) that would be engaged if the conflict cannot be resolved, or it can be customized to meet the needs and styles of the parties. If arbitration is to be used as a conflict resolution mechanism, however, it is probably best that the form and procedures to be used in the arbitration are specified in the initial contract or at some time before a conflict actually occurs. Otherwise, it is quite possible that the parties will waste resources strategizing and arguing over the rules to be used in arbitratng the conflict. In developing the rules to guide arbitration, contract negotiators can consider some of the following options:
youtube
Either–or judgments. Either–or judgments require the arbitrator to choose either the solution suggested by Party A or the solution suggested by Party B. It does not allow the arbitrator to fashion a compromise solution. The idea behind either–or judgments is to get the conflicting parties to develop options that include a high degree of compromise. The party choosing not to develop a compromise option will tend to lose out under this condition.
Unrestricted/restricted rules of evidence. Restricting evidence to that which would be allowed in court has the advantage of making the arbitration outcome more closely approximate the outcome that would be achieved if the parties went to court. Keeping the rules of evidence unrestricted, however, is more likely to allow issues to surface that, if left unaddressed, would lead to further conflict in the future.
Formal/informal method of argumentation. Again, whereas formal presentations of arguments will result in a better approximation of legal-system outcomes, informal presentations, appropriately referred, might do more to further interparty communications in the long term.
Restrictions on levels of judgment and types of remedies. The contract negotiators may want to restrict the value of the judgment that an arbitrator can assess (e.g., assessments under $200,000) or restrict the remedies to a particular type (e.g., remedies that involve repair of defective workmanship by the contractor but not remedies that involve hiring a different contractor to replace the work).
Typically, in contracts where there is some expectation of conflict, contract negotiators will attempt to structure a range of conflict resolution mechanisms and to require the parties in conflict to attempt to resolve their conflict using one method (e.g., negotiation or mediation) before going on to use another method (e.g., mediation or arbitration).
Building the trust relationship
Contracts of various types are entered into for different reasons. Some contracts are let out simply because it appears that costs can be saved, others are let out because the property owner does not have time to gear up to provide the service in-house, and still others are entered into because of the lack of in- house expertise.
Building trust or positive interdependence in contract relationships must begin with trust-enhancing measures on both sides. However, the government’s contract manager must take the lead in making this effort a meaningful one, as it is the usually the inactivity on the part of the government that allows a contractor to wander into a state of non- or poor performance. Key behaviors and steps that contract managers can initiate so as to increase the chances that a trust relationship will be established include
Developing key one-on-one personal relationships between the property owner’s and the contractor’s staff. These relations should involve a mix of formal and informal settings and conditions. Special efforts should be made to establish a relationship between individuals on each side who are designated as the single point of contact for their respective organizations
Establishing benchmarks and coordination and communication standards for such things as response time to queries and payment due communications; use of particular software, network protocols, and procurement processes; and clear expectations regarding shipping schedules, warehousing processes, inventory tracking, lead times, and so forth. When the property owner and the contractor attend to developing such standards, they prevent unnecessary deterioration of the relationship. Common procedures for fostering such communications include periodic report cards, regular meetings, and joint planning sessions.
When is a contractor’s relationship
The contractor’s relationship with the government must not have the attributes of an employer-employee relationship. Hence, even if a government enters into a contract for services, if the services are effectively rendered in a manner that suggests an employer-employee relationship, the Internal Revenue Service will require the government to pay the taxes it was attempting to avoid through the contract. A number of factors go into determining whether such an employer- employee relationship exists, including the nature of the work. If there is an employee who provides a similar service or type of work to the government, or if the person is responsible for a function of government or can exercise judgment on behalf of the government, this suggests that an employer-employee relationship exists. Also, an employer employee relationship exists if the government has control (or even the right to exert such control) over a person. Such control can relate to
• When, where, and how the work is done.
• The expectation that a person attend or receive training.
• The expectation that a person’s work be integrated with the operations and administrative routines of the government.
• The expectation that work be performed personally.
• Situations where the government hires, supervises, and pays other workers on the same job.
• The length of the relationship (e.g., steady long-term activity suggests an employer employee relationship).
• The expectation that a person work certain hours.
• The expectation that a person work full time on the government’s project or refrain from work on other projects.
• The expectation that the work be performed in the government’s facilities, especially when it could logically be done elsewhere.
• The expectation that work be performed in a preset order when it could potentially be performed in a different order.
• The requirement of frequent oral or written reports of activities.
• Payment that is by the hour, week, month, or other set interval rather than based on the job or on a straight commission.
• Payment of business expenses (which indicates an employer employee relationship).
• Furnishing tools and materials.
• The contractor’s investment in facilities, tools, and equipment (which indicates contractor independence).
• Realization of a profit or loss (which indicates contractor independence).
• Working for a number of people (which indicates contractor independence).
• Availability of services to the public (which indicates contractor independence).
• Right to discharge (if the government can threaten dismissal that is not based on nonperformance of contractual obligations, an employer employee relationship is suggested).
• Right to quit (if a person can quit without incurring a liability, this indicates an employer employee relationship, as a contractor who quits will typically be liable for nonperformance).
There should be a statement in the contract that indicates the contractor is independent. Unfortunately, while it is appropriate to include such language in the contract, the determining factor from the perspective of the Internal Revenue Service is the nature of the actual relationship. An experienced Morgan Utah real estate lawyer can draft a construction contract with appropriate language to ensure that the contractor is treated as an independent contractor.
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reneeacaseyfl · 6 years ago
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Home Insurance Startup Hippo Joins the ‘Unicorn’ Club: Term Sheet
We’ve got a new unicorn, and my colleague Robert Hackett has the exclusive.
Hippo, a tech startup focused on the insurance market, has raised $100 million in new venture capital at a $1 billion valuation, the threshold for so-called unicorn status. 
Hippo’s latest cash injection was spearheaded by Bond Capital, an investment firm that well-known investor Mary Meeker recently spun out of Kleiner Perkins Caufield & Byers, a Silicon Valley venture capital stalwart. (Read my recent feature about Kleiner’s downfall.) This is Bond’s second-ever investment following a bet in May on Canva, an Australia-based provider of graphic design tools.
Hackett reports:
Noah Knauf, the Bond investor who led Hippo’s latest funding round and is joining the company’s board as part of the deal, says that financial services are in the middle of a “massive and tectonic disruption.” He describes home insurance as one of fintech’s “gnarliest” challenges due to the prevalence of regulations in the insurance market. 
“We’re religious, and compliance is the religion,” Wand tells Fortune. After mentioning how Hippo puts the customer first, Wand revises his statement, saying, “Actually, the customer comes second, after compliance.” 
Aside from the big kahunas, such as Allstate and Travelers, Hippo’s biggest rival is Lemonade, a Softbank-backed fintech startup that reached a $2 billion private valuation in April. Lemonade is better known for selling renters’ insurance, though it also offers homeowner’s insurance. 
Hippo has raised a total of $209 million in funding to date. Existing investors such as Comcast Ventures, real estate giant Lennar, venture capital firm Iconiq Capital, and others also contributed to the latest round of funding.
There’s plenty of investor appetite in the insurance sector. According to CB Insights, global insurance tech investment reached $4.15 billion in 2018. Expect more big dollars on the horizon.
Read the full story here.
WeWork IPO UPDATE: WeWork plans to make its initial public debut in September, which is earlier than investors had expected. The company, which filed its IPO paperwork confidentially late last year, is expected to publicly disclose it in August, according to The Wall Street Journal. 
WeWork is reportedly meeting with Wall Street banks this week about an asset-backed loan and is expected to raise $5 billion to $6 billion, or about $2 billion more than it had originally sought. The funds will lessen the amount WeWork needs to raise in the IPO, which could increase the probability of success for a company with ballooning losses, the story says. Read more.
PE FEEDBACK: Yesterday, I asked Term Sheet readers to weigh in on Leo Hindery Jr.’s Fortune op-ed in which he makes the case for the ‘Stop Wall Street Looting Act’ and explains why the private equity industry needs to be reined in. Here’s what you had to say in response: 
Jeff: Mr. Hindrey’s op-ed is so loaded with factual errors and logical fallacies that it’s hard to know where to begin critiquing it. At the core, he rejects the American Way—the free enterprise system. If he has a better model for private equity, he should do the hard work of convincing LPs, of buying companies, and building a team that can repeat that over and over. He could use his success as a shining example and urge all to emulate. Instead, he wants to use government force to have central planners—without any capital of their own at risk—to force others to conform to Sen. Warren’s views of what is best. This type of busybody regulation has always reduced capital formation, which would in turn harm most the very people he claims to champion. This is pure demagoguery.
Colin: Modern PE firms are by no means the robber barons of yesteryear. The easiest way to succeed in private equity is for your companies to hit it out of the park and grow like a weed. With that said, PE’s presence in certain industries, as Leo notes, does create perverse incentives. The recent growth of PE into healthcare providers has provided little value creation beyond gamesmanship around M&A and multiple arbitrage, while likely driving up costs for patients. Is Elizabeth Warren’s bill the right solution? Probably not. Another economic downturn would certain throttle back many of the excesses of the industry in an equally meaningful way.
Michael: As a sector-focused VC, I can’t see doing it any other way. The value we give to our LPs (many of them strategic), and to our portfolio companies (many of whom we are engaged on a near-daily basis), is entirely connected to our depth of focus on the world of mobility– from OEMs like our investors Renault-Nissan, BMW, Hyundai, to the world of micromobility with companies like Bird and Lime and everything in between. 
VENTURE DEALS
– Thumbtack, a San Francisco-based local services marketplace, raised $150 million in funding. Sequoia Capital led the round, and was joined by investors including Baillie Gifford.
– Qomplx, a Reston, Va.-based intelligent decision platform provider, raised $78.6 million in Series A funding. Cannae Holdings Inc and Motive Partners led the round.
– Atom Bank, a U.K.-based digital lender, raised 50 million pounds ($62.5 million) in funding. Investors include Woodford Patient Capital Trust, BBVA, Toscafund and Perscitus LLP.
– TurnKey Vacation Rentals Inc, an Austin, Texas-based vacation rental property management company for luxury and premium vacation rental homes, raised $48 million in funding. Altos Ventures led the round.
– Fetch Robotics, a San Jose, Calif.-based intralogistics automation company, raised $46 million in Series C funding. Fort Ross Ventures led the round, and was joined by investors including CEAS Investments, Redwood Technologies, TransLink Capital and Zebra Ventures, O’Reilly AlphaTech Ventures, Shasta Ventures, Softbank Capital and Sway Ventures.
– Tile, a San Mateo, Calif.-based developer of small square-shaped tags and other technology to help people keep track of physical belongings, raised $45 million in funding. Francisco Partners led the round, and was joined by investors including GGV Capital  and Bessemer Venture Partners, Bryant Stibel and SVB Financial Group.
– Arrcus, a San Jose, California-based provider of software driven solutions, raised $30 million in Series B funding. Lightspeed Venture Partners led the round, and was joined by investors including General Catalyst and Clear Ventures.
– Balena, a Seattle-based developer of infrastructure for the management of fleets of connected IoT devices, raised $14.4 million in Series B funding. OpenView led the round, and was joined by investors including Threshold Ventures, Aspect Ventures, and GE Ventures.
– Gamaya, a Switzerland-based agricultural tech company, raised 12 million CHF (about $12.1 million) in Series B funding. Mahindra & Mahindra led the round.
– Cambridge Touch Technologies, a U.K.-based provider of piezoelectric UltraTouch multi-force-and-touch technology to the consumer electronics, automotive, industrial and military markets, raised $10 million in Series B funding. Kureha Corporation led the round, and was joined by investors including Parkwalk, Downing Ventures, CM Ventures, Amadeus Capital Partners, Puhua Capital, Futaba Corporation, and The University of Cambridge. 
– Bravado, a San Francisco-based professional network for sales, raised $12 million in funding, including a $8.5 million Series A round led by Redpoint. Other investors include Freestyle Capital, Village Global, Precursor Ventures, Kindred Ventures and Kevin Mahaffey.
– Replicant, a San Francisco-based provider of artificial intelligence-enabled voice technologies, raised $7 million in seed funding. Investors include Atomic, Bloomberg Beta, Costanoa Ventures, and Norwest Venture Partners.
– Freedom Robotics, a San Francisco-based provider of cloud and on-device software for monitoring, control and management of robots and robotic fleets, raised $6.6 million in seed funding. Initialized Capital led the round, and was joined by investors including Toyota AI Ventures, Liquid 2 Ventures, Andrew Miklas from S28 Capital, James Lindenbaum, Green Cow Ventur­e Capital, Justin Kan, Josh Buckley, Kevin Mahaffey, and Arianna Simpson.
– DemandJump, an Indianapolis-based marketing technology firm, has raised $5.5 million in funding. BIP Capital led the round.
– Tapcart, a Santa Monica, Calif.-based SaaS platform that allows Shopify brands to create mobile shopping apps, raised $4 million in seed funding. Greycroft led the round, and was joined by investors including Amplify.LA, Act One Ventures and Luma Launch.
– Pomona, an Indonesia-based omni-channel marketing and sales solutions provider, raised $3 million in Series A-2 funding. Vynn Capital led the round, and was joined by investors including Ventech China and Amand Ventures following on. Existing investors Stellar Kapital and Central Capital Ventura also participated.
– Opiniion, a Lindon, Utah-based customer review and online reputation management company, raised $1.5 million in seed II funding. RET Ventures led the round.
– Canvas GFX, a Plantation, Fla.-based provider of graphics, illustration and publishing software, raised $1 million in funding from Wisdom LLP. 
– Agolo, a New York-based AI startup focused on natural language processing, raised funding of an undisclosed amount. Investors include M12, Google, and Tensility Venture Partners.
HEALTH AND LIFE SCIENCES DEALS
– Freenome, a San Francisco-based biotechnology company developing a multiomics platform for early cancer detection, raised $160 million in Series B funding. RA Capital Management and Polaris Partners co-led the round, and were joined by investors including Perceptive Advisors, T. Rowe Price Associates, Inc., Roche Venture Fund, Kaiser Permanente Ventures, and the American Cancer Society’s BrightEdge Ventures. Existing investors Andreessen Horowitz, GV, Data Collective Venture Capital, Section 32, and Verily Life Sciences also participated.
– X-Vax Technology Inc, a Jupiter, Fla.-based herpes vaccines developer, raised $56 million in funding. Investors include Johnson & Johnson Innovation – JJDC, Inc., Adjuvant Capital, Serum Institute of India, Alexandria Venture Investments and FF DSF VI.
– Benchling, a San Francisco-based life sciences R&D cloud platform, raised $34.5 million in Series C funding. Menlo Ventures led the round, and was joined by investors including Lead Edge Capital, Y Combinator Continuity, Benchmark and Thrive Capital. 
PRIVATE EQUITY DEALS
– Abris Capital Partners agreed to acquire Global Technical Group, a Romania-based building management solution provider. Financial terms weren’t disclosed. 
– Innova Capital agreed to acquire Optiplaza, a Romania-based provider of eyewear. Financial terms weren’t disclosed. 
– Quad-C Management Inc made an investment in Boulder Scientific Company, a  Colorado-based specialty chemical firm. Financial terms weren’t disclosed. 
– Post Capital Partners recapitalized IntraLogic Solutions, Massapequa, N.Y.-based national security solutions provider. Financial terms weren’t disclosed. 
– Aurora Capital Partners acquired Cold Chain Technologies, a Franklin, Mass.-based provider of single-use and reusable passive thermal packaging solutions. Financial terms weren’t disclosed. 
OTHER DEALS
– Moody’s Corporation (NYSE:MCO) acquired a majority stake in Four Twenty Seven,, Berkeley, Calif.-based provider of data, intelligence, and analysis related to physical climate risks. Financial terms weren’t disclosed. 
IPOs
– GFL Environmental Holdings, an Ontario, Canada-based waste management firm, filed for an $100 million IPO (like a placeholder figure). Previously, it was reported GFL was seeking a $1.5 billion IPO. The firm posted $1.9 billion in revenue in 2018 and loss of $483.3 million. BC Partners, Ontario Teachers, and GIC back the firm. It plans to list in the U.S. and on the TSX. Read more.
– SDIC Power Holdings, a Chinese state-backed energy firm, hired three bankers to list on the London exchange, Reuters reports citing sources. It plans to raise between $500 million to $1 billion. Read more.
– Verallia, a French bottle maker, is reportedly seeking a Paris listing instead of a sale, per Reuters. Apollo backs the firm. Read more.
– Health Catalyst, a digital records health firm, now plans to raise $172 million in an IPO of 7 million shares priced between $24 to $25, an upsized offering with increased pricing. The firm posted revenue of $112.6 million and loss of $62 million in 2018. Norwest (20.9% pre-offering), Sequoia (21.9%), and UPMC (6.3%) back the firm. It plans to list on the Nasdaq as “HCAT.” Read more.
– Sundial Growers, a Canadian cannabis producer, plans to raise an estimated $130 million in an IPO of 10 million shares priced between $12 to $14. The firm did not post revenue in 2018, and loss of $56.5 billion. It plans to list on the Nasdaq as “SNDL.” Read more.
– Borr Drilling, a Bermuda-based offshore drilling company, plans to raise $51 million in an initial public offering of 5 million shares priced at $10 based on its most recent pricing on the Oslo Børs, where it lists as “BDRILL”. Schlumberger Oilfield Holdings backs the firm. It plans to list on the NYSE as “BORR.” Read more.
EXITS
– Etsy acquired Reverb, a Chicago-based music gear site, for $275 million. Reverb had raised approximately $47 million in venture funding from investors including Summit Partners, FJ Labs, Max Levchin, Jose Marin, and Adam Bain. 
– Audax Private Equity sold Preferred Compounding, a Copley, Ohio-based provider of proprietary and custom mixed rubber compounds, including strips, slabs, pellets and calendered sheet end forms. The buyer was HEXPOL. Financial terms weren’t disclosed. 
– Equistone Partners Europe agreed to acquire Heras, a Netherlands-based provider of perimeter protection solutions, from CRH plc. Financial terms weren’t disclosed. 
FIRMS + FUNDS
– Flare Capital Partners, a Boston-based venture capital firm, raised $255 million for its second fund.
PEOPLE
– Mark H. Goldstein joined Builders VC as a general partner.
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velmaemyers88 · 6 years ago
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Home Insurance Startup Hippo Joins the ‘Unicorn’ Club: Term Sheet
We’ve got a new unicorn, and my colleague Robert Hackett has the exclusive.
Hippo, a tech startup focused on the insurance market, has raised $100 million in new venture capital at a $1 billion valuation, the threshold for so-called unicorn status. 
Hippo’s latest cash injection was spearheaded by Bond Capital, an investment firm that well-known investor Mary Meeker recently spun out of Kleiner Perkins Caufield & Byers, a Silicon Valley venture capital stalwart. (Read my recent feature about Kleiner’s downfall.) This is Bond’s second-ever investment following a bet in May on Canva, an Australia-based provider of graphic design tools.
Hackett reports:
Noah Knauf, the Bond investor who led Hippo’s latest funding round and is joining the company’s board as part of the deal, says that financial services are in the middle of a “massive and tectonic disruption.” He describes home insurance as one of fintech’s “gnarliest” challenges due to the prevalence of regulations in the insurance market. 
“We’re religious, and compliance is the religion,” Wand tells Fortune. After mentioning how Hippo puts the customer first, Wand revises his statement, saying, “Actually, the customer comes second, after compliance.” 
Aside from the big kahunas, such as Allstate and Travelers, Hippo’s biggest rival is Lemonade, a Softbank-backed fintech startup that reached a $2 billion private valuation in April. Lemonade is better known for selling renters’ insurance, though it also offers homeowner’s insurance. 
Hippo has raised a total of $209 million in funding to date. Existing investors such as Comcast Ventures, real estate giant Lennar, venture capital firm Iconiq Capital, and others also contributed to the latest round of funding.
There’s plenty of investor appetite in the insurance sector. According to CB Insights, global insurance tech investment reached $4.15 billion in 2018. Expect more big dollars on the horizon.
Read the full story here.
WeWork IPO UPDATE: WeWork plans to make its initial public debut in September, which is earlier than investors had expected. The company, which filed its IPO paperwork confidentially late last year, is expected to publicly disclose it in August, according to The Wall Street Journal. 
WeWork is reportedly meeting with Wall Street banks this week about an asset-backed loan and is expected to raise $5 billion to $6 billion, or about $2 billion more than it had originally sought. The funds will lessen the amount WeWork needs to raise in the IPO, which could increase the probability of success for a company with ballooning losses, the story says. Read more.
PE FEEDBACK: Yesterday, I asked Term Sheet readers to weigh in on Leo Hindery Jr.’s Fortune op-ed in which he makes the case for the ‘Stop Wall Street Looting Act’ and explains why the private equity industry needs to be reined in. Here’s what you had to say in response: 
Jeff: Mr. Hindrey’s op-ed is so loaded with factual errors and logical fallacies that it’s hard to know where to begin critiquing it. At the core, he rejects the American Way—the free enterprise system. If he has a better model for private equity, he should do the hard work of convincing LPs, of buying companies, and building a team that can repeat that over and over. He could use his success as a shining example and urge all to emulate. Instead, he wants to use government force to have central planners—without any capital of their own at risk—to force others to conform to Sen. Warren’s views of what is best. This type of busybody regulation has always reduced capital formation, which would in turn harm most the very people he claims to champion. This is pure demagoguery.
Colin: Modern PE firms are by no means the robber barons of yesteryear. The easiest way to succeed in private equity is for your companies to hit it out of the park and grow like a weed. With that said, PE’s presence in certain industries, as Leo notes, does create perverse incentives. The recent growth of PE into healthcare providers has provided little value creation beyond gamesmanship around M&A and multiple arbitrage, while likely driving up costs for patients. Is Elizabeth Warren’s bill the right solution? Probably not. Another economic downturn would certain throttle back many of the excesses of the industry in an equally meaningful way.
Michael: As a sector-focused VC, I can’t see doing it any other way. The value we give to our LPs (many of them strategic), and to our portfolio companies (many of whom we are engaged on a near-daily basis), is entirely connected to our depth of focus on the world of mobility– from OEMs like our investors Renault-Nissan, BMW, Hyundai, to the world of micromobility with companies like Bird and Lime and everything in between. 
VENTURE DEALS
– Thumbtack, a San Francisco-based local services marketplace, raised $150 million in funding. Sequoia Capital led the round, and was joined by investors including Baillie Gifford.
– Qomplx, a Reston, Va.-based intelligent decision platform provider, raised $78.6 million in Series A funding. Cannae Holdings Inc and Motive Partners led the round.
– Atom Bank, a U.K.-based digital lender, raised 50 million pounds ($62.5 million) in funding. Investors include Woodford Patient Capital Trust, BBVA, Toscafund and Perscitus LLP.
– TurnKey Vacation Rentals Inc, an Austin, Texas-based vacation rental property management company for luxury and premium vacation rental homes, raised $48 million in funding. Altos Ventures led the round.
– Fetch Robotics, a San Jose, Calif.-based intralogistics automation company, raised $46 million in Series C funding. Fort Ross Ventures led the round, and was joined by investors including CEAS Investments, Redwood Technologies, TransLink Capital and Zebra Ventures, O’Reilly AlphaTech Ventures, Shasta Ventures, Softbank Capital and Sway Ventures.
– Tile, a San Mateo, Calif.-based developer of small square-shaped tags and other technology to help people keep track of physical belongings, raised $45 million in funding. Francisco Partners led the round, and was joined by investors including GGV Capital  and Bessemer Venture Partners, Bryant Stibel and SVB Financial Group.
– Arrcus, a San Jose, California-based provider of software driven solutions, raised $30 million in Series B funding. Lightspeed Venture Partners led the round, and was joined by investors including General Catalyst and Clear Ventures.
– Balena, a Seattle-based developer of infrastructure for the management of fleets of connected IoT devices, raised $14.4 million in Series B funding. OpenView led the round, and was joined by investors including Threshold Ventures, Aspect Ventures, and GE Ventures.
– Gamaya, a Switzerland-based agricultural tech company, raised 12 million CHF (about $12.1 million) in Series B funding. Mahindra & Mahindra led the round.
– Cambridge Touch Technologies, a U.K.-based provider of piezoelectric UltraTouch multi-force-and-touch technology to the consumer electronics, automotive, industrial and military markets, raised $10 million in Series B funding. Kureha Corporation led the round, and was joined by investors including Parkwalk, Downing Ventures, CM Ventures, Amadeus Capital Partners, Puhua Capital, Futaba Corporation, and The University of Cambridge. 
– Bravado, a San Francisco-based professional network for sales, raised $12 million in funding, including a $8.5 million Series A round led by Redpoint. Other investors include Freestyle Capital, Village Global, Precursor Ventures, Kindred Ventures and Kevin Mahaffey.
– Replicant, a San Francisco-based provider of artificial intelligence-enabled voice technologies, raised $7 million in seed funding. Investors include Atomic, Bloomberg Beta, Costanoa Ventures, and Norwest Venture Partners.
– Freedom Robotics, a San Francisco-based provider of cloud and on-device software for monitoring, control and management of robots and robotic fleets, raised $6.6 million in seed funding. Initialized Capital led the round, and was joined by investors including Toyota AI Ventures, Liquid 2 Ventures, Andrew Miklas from S28 Capital, James Lindenbaum, Green Cow Ventur­e Capital, Justin Kan, Josh Buckley, Kevin Mahaffey, and Arianna Simpson.
– DemandJump, an Indianapolis-based marketing technology firm, has raised $5.5 million in funding. BIP Capital led the round.
– Tapcart, a Santa Monica, Calif.-based SaaS platform that allows Shopify brands to create mobile shopping apps, raised $4 million in seed funding. Greycroft led the round, and was joined by investors including Amplify.LA, Act One Ventures and Luma Launch.
– Pomona, an Indonesia-based omni-channel marketing and sales solutions provider, raised $3 million in Series A-2 funding. Vynn Capital led the round, and was joined by investors including Ventech China and Amand Ventures following on. Existing investors Stellar Kapital and Central Capital Ventura also participated.
– Opiniion, a Lindon, Utah-based customer review and online reputation management company, raised $1.5 million in seed II funding. RET Ventures led the round.
– Canvas GFX, a Plantation, Fla.-based provider of graphics, illustration and publishing software, raised $1 million in funding from Wisdom LLP. 
– Agolo, a New York-based AI startup focused on natural language processing, raised funding of an undisclosed amount. Investors include M12, Google, and Tensility Venture Partners.
HEALTH AND LIFE SCIENCES DEALS
– Freenome, a San Francisco-based biotechnology company developing a multiomics platform for early cancer detection, raised $160 million in Series B funding. RA Capital Management and Polaris Partners co-led the round, and were joined by investors including Perceptive Advisors, T. Rowe Price Associates, Inc., Roche Venture Fund, Kaiser Permanente Ventures, and the American Cancer Society’s BrightEdge Ventures. Existing investors Andreessen Horowitz, GV, Data Collective Venture Capital, Section 32, and Verily Life Sciences also participated.
– X-Vax Technology Inc, a Jupiter, Fla.-based herpes vaccines developer, raised $56 million in funding. Investors include Johnson & Johnson Innovation – JJDC, Inc., Adjuvant Capital, Serum Institute of India, Alexandria Venture Investments and FF DSF VI.
– Benchling, a San Francisco-based life sciences R&D cloud platform, raised $34.5 million in Series C funding. Menlo Ventures led the round, and was joined by investors including Lead Edge Capital, Y Combinator Continuity, Benchmark and Thrive Capital. 
PRIVATE EQUITY DEALS
– Abris Capital Partners agreed to acquire Global Technical Group, a Romania-based building management solution provider. Financial terms weren’t disclosed. 
– Innova Capital agreed to acquire Optiplaza, a Romania-based provider of eyewear. Financial terms weren’t disclosed. 
– Quad-C Management Inc made an investment in Boulder Scientific Company, a  Colorado-based specialty chemical firm. Financial terms weren’t disclosed. 
– Post Capital Partners recapitalized IntraLogic Solutions, Massapequa, N.Y.-based national security solutions provider. Financial terms weren’t disclosed. 
– Aurora Capital Partners acquired Cold Chain Technologies, a Franklin, Mass.-based provider of single-use and reusable passive thermal packaging solutions. Financial terms weren’t disclosed. 
OTHER DEALS
– Moody’s Corporation (NYSE:MCO) acquired a majority stake in Four Twenty Seven,, Berkeley, Calif.-based provider of data, intelligence, and analysis related to physical climate risks. Financial terms weren’t disclosed. 
IPOs
– GFL Environmental Holdings, an Ontario, Canada-based waste management firm, filed for an $100 million IPO (like a placeholder figure). Previously, it was reported GFL was seeking a $1.5 billion IPO. The firm posted $1.9 billion in revenue in 2018 and loss of $483.3 million. BC Partners, Ontario Teachers, and GIC back the firm. It plans to list in the U.S. and on the TSX. Read more.
– SDIC Power Holdings, a Chinese state-backed energy firm, hired three bankers to list on the London exchange, Reuters reports citing sources. It plans to raise between $500 million to $1 billion. Read more.
– Verallia, a French bottle maker, is reportedly seeking a Paris listing instead of a sale, per Reuters. Apollo backs the firm. Read more.
– Health Catalyst, a digital records health firm, now plans to raise $172 million in an IPO of 7 million shares priced between $24 to $25, an upsized offering with increased pricing. The firm posted revenue of $112.6 million and loss of $62 million in 2018. Norwest (20.9% pre-offering), Sequoia (21.9%), and UPMC (6.3%) back the firm. It plans to list on the Nasdaq as “HCAT.” Read more.
– Sundial Growers, a Canadian cannabis producer, plans to raise an estimated $130 million in an IPO of 10 million shares priced between $12 to $14. The firm did not post revenue in 2018, and loss of $56.5 billion. It plans to list on the Nasdaq as “SNDL.” Read more.
– Borr Drilling, a Bermuda-based offshore drilling company, plans to raise $51 million in an initial public offering of 5 million shares priced at $10 based on its most recent pricing on the Oslo Børs, where it lists as “BDRILL”. Schlumberger Oilfield Holdings backs the firm. It plans to list on the NYSE as “BORR.” Read more.
EXITS
– Etsy acquired Reverb, a Chicago-based music gear site, for $275 million. Reverb had raised approximately $47 million in venture funding from investors including Summit Partners, FJ Labs, Max Levchin, Jose Marin, and Adam Bain. 
– Audax Private Equity sold Preferred Compounding, a Copley, Ohio-based provider of proprietary and custom mixed rubber compounds, including strips, slabs, pellets and calendered sheet end forms. The buyer was HEXPOL. Financial terms weren’t disclosed. 
– Equistone Partners Europe agreed to acquire Heras, a Netherlands-based provider of perimeter protection solutions, from CRH plc. Financial terms weren’t disclosed. 
FIRMS + FUNDS
– Flare Capital Partners, a Boston-based venture capital firm, raised $255 million for its second fund.
PEOPLE
– Mark H. Goldstein joined Builders VC as a general partner.
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weeklyreviewer · 6 years ago
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Home Insurance Startup Hippo Joins the ‘Unicorn’ Club: Term Sheet
We’ve got a new unicorn, and my colleague Robert Hackett has the exclusive.
Hippo, a tech startup focused on the insurance market, has raised $100 million in new venture capital at a $1 billion valuation, the threshold for so-called unicorn status. 
Hippo’s latest cash injection was spearheaded by Bond Capital, an investment firm that well-known investor Mary Meeker recently spun out of Kleiner Perkins Caufield & Byers, a Silicon Valley venture capital stalwart. (Read my recent feature about Kleiner’s downfall.) This is Bond’s second-ever investment following a bet in May on Canva, an Australia-based provider of graphic design tools.
Hackett reports:
Noah Knauf, the Bond investor who led Hippo’s latest funding round and is joining the company’s board as part of the deal, says that financial services are in the middle of a “massive and tectonic disruption.” He describes home insurance as one of fintech’s “gnarliest” challenges due to the prevalence of regulations in the insurance market. 
“We’re religious, and compliance is the religion,” Wand tells Fortune. After mentioning how Hippo puts the customer first, Wand revises his statement, saying, “Actually, the customer comes second, after compliance.” 
Aside from the big kahunas, such as Allstate and Travelers, Hippo’s biggest rival is Lemonade, a Softbank-backed fintech startup that reached a $2 billion private valuation in April. Lemonade is better known for selling renters’ insurance, though it also offers homeowner’s insurance. 
Hippo has raised a total of $209 million in funding to date. Existing investors such as Comcast Ventures, real estate giant Lennar, venture capital firm Iconiq Capital, and others also contributed to the latest round of funding.
There’s plenty of investor appetite in the insurance sector. According to CB Insights, global insurance tech investment reached $4.15 billion in 2018. Expect more big dollars on the horizon.
Read the full story here.
WeWork IPO UPDATE: WeWork plans to make its initial public debut in September, which is earlier than investors had expected. The company, which filed its IPO paperwork confidentially late last year, is expected to publicly disclose it in August, according to The Wall Street Journal. 
WeWork is reportedly meeting with Wall Street banks this week about an asset-backed loan and is expected to raise $5 billion to $6 billion, or about $2 billion more than it had originally sought. The funds will lessen the amount WeWork needs to raise in the IPO, which could increase the probability of success for a company with ballooning losses, the story says. Read more.
PE FEEDBACK: Yesterday, I asked Term Sheet readers to weigh in on Leo Hindery Jr.’s Fortune op-ed in which he makes the case for the ‘Stop Wall Street Looting Act’ and explains why the private equity industry needs to be reined in. Here’s what you had to say in response: 
Jeff: Mr. Hindrey’s op-ed is so loaded with factual errors and logical fallacies that it’s hard to know where to begin critiquing it. At the core, he rejects the American Way—the free enterprise system. If he has a better model for private equity, he should do the hard work of convincing LPs, of buying companies, and building a team that can repeat that over and over. He could use his success as a shining example and urge all to emulate. Instead, he wants to use government force to have central planners—without any capital of their own at risk—to force others to conform to Sen. Warren’s views of what is best. This type of busybody regulation has always reduced capital formation, which would in turn harm most the very people he claims to champion. This is pure demagoguery.
Colin: Modern PE firms are by no means the robber barons of yesteryear. The easiest way to succeed in private equity is for your companies to hit it out of the park and grow like a weed. With that said, PE’s presence in certain industries, as Leo notes, does create perverse incentives. The recent growth of PE into healthcare providers has provided little value creation beyond gamesmanship around M&A and multiple arbitrage, while likely driving up costs for patients. Is Elizabeth Warren’s bill the right solution? Probably not. Another economic downturn would certain throttle back many of the excesses of the industry in an equally meaningful way.
Michael: As a sector-focused VC, I can’t see doing it any other way. The value we give to our LPs (many of them strategic), and to our portfolio companies (many of whom we are engaged on a near-daily basis), is entirely connected to our depth of focus on the world of mobility– from OEMs like our investors Renault-Nissan, BMW, Hyundai, to the world of micromobility with companies like Bird and Lime and everything in between. 
VENTURE DEALS
– Thumbtack, a San Francisco-based local services marketplace, raised $150 million in funding. Sequoia Capital led the round, and was joined by investors including Baillie Gifford.
– Qomplx, a Reston, Va.-based intelligent decision platform provider, raised $78.6 million in Series A funding. Cannae Holdings Inc and Motive Partners led the round.
– Atom Bank, a U.K.-based digital lender, raised 50 million pounds ($62.5 million) in funding. Investors include Woodford Patient Capital Trust, BBVA, Toscafund and Perscitus LLP.
– TurnKey Vacation Rentals Inc, an Austin, Texas-based vacation rental property management company for luxury and premium vacation rental homes, raised $48 million in funding. Altos Ventures led the round.
– Fetch Robotics, a San Jose, Calif.-based intralogistics automation company, raised $46 million in Series C funding. Fort Ross Ventures led the round, and was joined by investors including CEAS Investments, Redwood Technologies, TransLink Capital and Zebra Ventures, O’Reilly AlphaTech Ventures, Shasta Ventures, Softbank Capital and Sway Ventures.
– Tile, a San Mateo, Calif.-based developer of small square-shaped tags and other technology to help people keep track of physical belongings, raised $45 million in funding. Francisco Partners led the round, and was joined by investors including GGV Capital  and Bessemer Venture Partners, Bryant Stibel and SVB Financial Group.
– Arrcus, a San Jose, California-based provider of software driven solutions, raised $30 million in Series B funding. Lightspeed Venture Partners led the round, and was joined by investors including General Catalyst and Clear Ventures.
– Balena, a Seattle-based developer of infrastructure for the management of fleets of connected IoT devices, raised $14.4 million in Series B funding. OpenView led the round, and was joined by investors including Threshold Ventures, Aspect Ventures, and GE Ventures.
– Gamaya, a Switzerland-based agricultural tech company, raised 12 million CHF (about $12.1 million) in Series B funding. Mahindra & Mahindra led the round.
– Cambridge Touch Technologies, a U.K.-based provider of piezoelectric UltraTouch multi-force-and-touch technology to the consumer electronics, automotive, industrial and military markets, raised $10 million in Series B funding. Kureha Corporation led the round, and was joined by investors including Parkwalk, Downing Ventures, CM Ventures, Amadeus Capital Partners, Puhua Capital, Futaba Corporation, and The University of Cambridge. 
– Bravado, a San Francisco-based professional network for sales, raised $12 million in funding, including a $8.5 million Series A round led by Redpoint. Other investors include Freestyle Capital, Village Global, Precursor Ventures, Kindred Ventures and Kevin Mahaffey.
– Replicant, a San Francisco-based provider of artificial intelligence-enabled voice technologies, raised $7 million in seed funding. Investors include Atomic, Bloomberg Beta, Costanoa Ventures, and Norwest Venture Partners.
– Freedom Robotics, a San Francisco-based provider of cloud and on-device software for monitoring, control and management of robots and robotic fleets, raised $6.6 million in seed funding. Initialized Capital led the round, and was joined by investors including Toyota AI Ventures, Liquid 2 Ventures, Andrew Miklas from S28 Capital, James Lindenbaum, Green Cow Ventur­e Capital, Justin Kan, Josh Buckley, Kevin Mahaffey, and Arianna Simpson.
– DemandJump, an Indianapolis-based marketing technology firm, has raised $5.5 million in funding. BIP Capital led the round.
– Tapcart, a Santa Monica, Calif.-based SaaS platform that allows Shopify brands to create mobile shopping apps, raised $4 million in seed funding. Greycroft led the round, and was joined by investors including Amplify.LA, Act One Ventures and Luma Launch.
– Pomona, an Indonesia-based omni-channel marketing and sales solutions provider, raised $3 million in Series A-2 funding. Vynn Capital led the round, and was joined by investors including Ventech China and Amand Ventures following on. Existing investors Stellar Kapital and Central Capital Ventura also participated.
– Opiniion, a Lindon, Utah-based customer review and online reputation management company, raised $1.5 million in seed II funding. RET Ventures led the round.
– Canvas GFX, a Plantation, Fla.-based provider of graphics, illustration and publishing software, raised $1 million in funding from Wisdom LLP. 
– Agolo, a New York-based AI startup focused on natural language processing, raised funding of an undisclosed amount. Investors include M12, Google, and Tensility Venture Partners.
HEALTH AND LIFE SCIENCES DEALS
– Freenome, a San Francisco-based biotechnology company developing a multiomics platform for early cancer detection, raised $160 million in Series B funding. RA Capital Management and Polaris Partners co-led the round, and were joined by investors including Perceptive Advisors, T. Rowe Price Associates, Inc., Roche Venture Fund, Kaiser Permanente Ventures, and the American Cancer Society’s BrightEdge Ventures. Existing investors Andreessen Horowitz, GV, Data Collective Venture Capital, Section 32, and Verily Life Sciences also participated.
– X-Vax Technology Inc, a Jupiter, Fla.-based herpes vaccines developer, raised $56 million in funding. Investors include Johnson & Johnson Innovation – JJDC, Inc., Adjuvant Capital, Serum Institute of India, Alexandria Venture Investments and FF DSF VI.
– Benchling, a San Francisco-based life sciences R&D cloud platform, raised $34.5 million in Series C funding. Menlo Ventures led the round, and was joined by investors including Lead Edge Capital, Y Combinator Continuity, Benchmark and Thrive Capital. 
PRIVATE EQUITY DEALS
– Abris Capital Partners agreed to acquire Global Technical Group, a Romania-based building management solution provider. Financial terms weren’t disclosed. 
– Innova Capital agreed to acquire Optiplaza, a Romania-based provider of eyewear. Financial terms weren’t disclosed. 
– Quad-C Management Inc made an investment in Boulder Scientific Company, a  Colorado-based specialty chemical firm. Financial terms weren’t disclosed. 
– Post Capital Partners recapitalized IntraLogic Solutions, Massapequa, N.Y.-based national security solutions provider. Financial terms weren’t disclosed. 
– Aurora Capital Partners acquired Cold Chain Technologies, a Franklin, Mass.-based provider of single-use and reusable passive thermal packaging solutions. Financial terms weren’t disclosed. 
OTHER DEALS
– Moody’s Corporation (NYSE:MCO) acquired a majority stake in Four Twenty Seven,, Berkeley, Calif.-based provider of data, intelligence, and analysis related to physical climate risks. Financial terms weren’t disclosed. 
IPOs
– GFL Environmental Holdings, an Ontario, Canada-based waste management firm, filed for an $100 million IPO (like a placeholder figure). Previously, it was reported GFL was seeking a $1.5 billion IPO. The firm posted $1.9 billion in revenue in 2018 and loss of $483.3 million. BC Partners, Ontario Teachers, and GIC back the firm. It plans to list in the U.S. and on the TSX. Read more.
– SDIC Power Holdings, a Chinese state-backed energy firm, hired three bankers to list on the London exchange, Reuters reports citing sources. It plans to raise between $500 million to $1 billion. Read more.
– Verallia, a French bottle maker, is reportedly seeking a Paris listing instead of a sale, per Reuters. Apollo backs the firm. Read more.
– Health Catalyst, a digital records health firm, now plans to raise $172 million in an IPO of 7 million shares priced between $24 to $25, an upsized offering with increased pricing. The firm posted revenue of $112.6 million and loss of $62 million in 2018. Norwest (20.9% pre-offering), Sequoia (21.9%), and UPMC (6.3%) back the firm. It plans to list on the Nasdaq as “HCAT.” Read more.
– Sundial Growers, a Canadian cannabis producer, plans to raise an estimated $130 million in an IPO of 10 million shares priced between $12 to $14. The firm did not post revenue in 2018, and loss of $56.5 billion. It plans to list on the Nasdaq as “SNDL.” Read more.
– Borr Drilling, a Bermuda-based offshore drilling company, plans to raise $51 million in an initial public offering of 5 million shares priced at $10 based on its most recent pricing on the Oslo Børs, where it lists as “BDRILL”. Schlumberger Oilfield Holdings backs the firm. It plans to list on the NYSE as “BORR.” Read more.
EXITS
– Etsy acquired Reverb, a Chicago-based music gear site, for $275 million. Reverb had raised approximately $47 million in venture funding from investors including Summit Partners, FJ Labs, Max Levchin, Jose Marin, and Adam Bain. 
– Audax Private Equity sold Preferred Compounding, a Copley, Ohio-based provider of proprietary and custom mixed rubber compounds, including strips, slabs, pellets and calendered sheet end forms. The buyer was HEXPOL. Financial terms weren’t disclosed. 
– Equistone Partners Europe agreed to acquire Heras, a Netherlands-based provider of perimeter protection solutions, from CRH plc. Financial terms weren’t disclosed. 
FIRMS + FUNDS
– Flare Capital Partners, a Boston-based venture capital firm, raised $255 million for its second fund.
PEOPLE
– Mark H. Goldstein joined Builders VC as a general partner.
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cleancutpage · 6 years ago
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2019 Commercial Real Estate Conferences
This post originally appeared on Marketplace Advertiser, ClientLook and is republished with permission. Find out how to syndicate your content with theBrokerList.
2019 Commercial Real Estate Conferences
Plan ahead and mark your calendar for some of the best commercial real estate conferences in 2019. Stay on top on current trends, network with top professionals, and hear some of the best speakers in the industry at these conventions.
SIOR World Conferences
Spring Conference: April 10-13, 2019 in Washington, DC
Fall Conference: October 17-19, 2019 in Portland, Oregon
The SIOR (Society of Industrial and Office Realtors) World Conferences have long been considered the most important events of the year for SIOR designees and others involved in the sale or lease of commercial real estate. The meetings include sophisticated educational programming, for which real estate continuing education credit is granted in many states, and they provide a variety of business and social opportunities. In addition to providing timely educational programs, conferences are designed to help attendees connect, build strong relationships, and facilitate business and deal generation with other SIOR’s and industry colleagues and exhibitors, all while enhancing their knowledge of the latest trends.
CCIM Global Conference
October 12-16, 2019
San Diego, California
CCIM (Certified Commercial Investment Member) Institute’s annual global conference brings top commercial real estate professionals together to trade ideas that help shape the future of the industry. Covering hot topics like crowdfunding and big data, this is the one industry event you cannot miss. Check out their website for a full list of additional trade shows dates.
CORFAC International
Spring Conference: February 20-23, 2019 in Scottsdale, Arizona
Fall Conference: September 18-21, 2019 in Philadelphia, Pennsylvania
Established in 1989, CORFAC International is a network of independently-owned, entrepreneurial commercial real estate brokerage firms. CORFAC’s brokerage network is comprised of collaborative, entrepreneurial firms that offer unmatched service to clients and provide top-level market expertise.
NAIOP CRE.Converge
October 14-16, 2019
Los Angeles, California
NAIOP (National Association for Industrial and Office Parks) puts on one of the years most anticipated conferences. Attendees include brokers, developers, owners, investors, architects and engineers; making this an excellent networking opportunity!
ICSC RECon – The Global Retail Real Estate Convention
May 19-22, 2019
Las Vegas, Nevada
RECon is the world’s largest global gathering of retail real estate professionals. Join leading developers, owners, brokers and retailers to conduct a year’s worth of business under one roof, in record time.
CREW Network Convention and Marketplace
September 25-27, 2019
Orlando, Florida
The CREW (Commercial Real Estate Women) Network Convention and Marketplace brings in over 1,000 commercial real estate attendees for an opportunity to network and attend their top-notch speaking sessions.
BOMA International Conference and Expo
June 22-25, 2019
Salt Lake City, Utah
Your commercial real estate career is always in motion. You need to know what’s now and what’s next to stay ahead in a changing industry. The BOMA (Building Owners and Managers Association) International Annual Conference and Expo is your big moment to learn, connect, grow and shine. The 2019 event will be held in Salt Lake City and boasts a full schedule of new educational content, the latest technology and innovative solutions, and prime networking time.
ULI Fall Meeting
September 18-21, 2019
Washington, DC
The ULI (Urban Land Institute) Fall Meeting attracts more than 6,500 attendees. It is the only event that brings together leaders from every sector of the real estate development industry, all in one place. As an attendee, you will build relationships with developers, investors, architects, planners, brokers, attorneys, and government officials, and get the cutting-edge information you need to build your commercial real estate business.
CRE//Tech
March 28-29, 2019 in Los Angeles, California
April 10, 2019 in Boston, Massachusetts
October 16-16, 2019 in New York, New York
CRE//Tech is proud to host the largest technology events in the commercial real estate industry. This year, CRE//Tech will have three different conferences across the United States. For more information, and to sign up for the one nearest to you, visit the link above.
With so many great commercial real estate conferences scheduled for this year, you’re bound to find a few that peak your interest. Visit the website’s above for more information and to register to attend. As you’re networking with some of the top talent in the industry, be sure to get a business card from everyone you meet. As a ClientLook CRM subscriber, our exclusive Virtual Assistant team can handle your data entry to put all of those new connections into your Contacts.
Not a ClientLook subscriber yet? Sign up today for our free 21-day trial or a complimentary demo to see how our commercial real estate software can take your business to the next level.
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Chelsy Cardin
Chelsy Cardin – Director of Marketing, ClientLook, Ltd.
RSS Feed provided by theBrokerList Blog - Are you on theBrokerList for commercial real estate (cre)? and 2019 Commercial Real Estate Conferences was written by ClientLook.
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seotrendsandtricks · 7 years ago
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Best SEO services
TopSEOs USA, an independent authority on search vendors, has ranked the “best companies” by practice area. The first area is in services, and the second is in software. Here are some of the Best SEO companies for May 2018. The first top three are considered leaders, while the last two below are strong performers. There are about 100 of these best outfits in the US.
First is Digital Marketing Agency based in Chicago, Illinois under William Clanton. Founded in 2002, it has a revenue of above $10 million with 500+ clients and 80 full time employees. It has a high 96% client retention rate with core services, namely: Search Engine Optimization, Pay Per Click Management, and Social Media Marketing. Among its major clients are Jet.com, TripAdvisor.com, Kohler, Williams Sonoma, and Avvo.com. It is a medium-priced service provider. Digital Marketing Agency has both 100 on-page and off-page optimization.
Second is Higher Visibility found in Cordova, Tennessee led by Adam Heitzman. Founded in 2008, it has a revenue of about $5 to $10 million with 300+ clients and 50+ full time employees. It also has a high 98% client retention rate with core services, namely: Search Engine Optimization, Pay Per Click Management, Integrated Search and Social Media Marketing. A medium-priced agency, its significant clients, are Ebay, PBS, Orange Theory Fitness, Allied Van Lines, and Warner Brothers. Higher Visibility has both 100 on-page and off-page optimization.
The third is Outer Box based in Akron, Ohio under Justin Smith. Founded in 2004, it also has a revenue of $5 to $10 million with 200+ clients and 48 full time employees. It has a high 96% client retention rate with core services, namely: Search Engine Optimization, Web Design, eCommerce SEO, and Pay-per-Click Management. Its major clients include National eCommerce Brands, Anchor Hocking, Oneida, ABB, and United Consumer Financial Services. It is a medium-priced service provider. Outer Box has 100 on-page optimization and 99 for off-page.
youtube
Fourth is Bruce Clay based in Simi Valley, California also under Bruce Clay. Founded in 1996, it also has a revenue of $3 to $6 million with 60+ clients and 36 full time employees. It has a client retention rate of 90% with core services, namely: Search Engine Optimization, Web Design, eCommerce SEO, and Pay-per-Click Management. Its major clients include Facebook, Sportsman’s Guide, LL Bean, and Century21. It is a medium-priced agency. Bruce Clay has 99 on-page optimization and 100 for off-page.
Fifth is Ignite Digital, Inc. based in New York, N.Y. led by Matthew Goulart. Founded in 2008, it also has a revenue of $3 to $5 million with 55+ clients and 24 full time employees. It has a client retention rate of 97% with core services, namely: Enterprise Social Media, Enterprise SEO, Web Development, Web Design. Its major clients include Better Homes & Gardens Real Estate, Maple Leaf Foods, Dempster’s, McLeish Orlando, and Eastern Meat Solutions. Ignite Digital has 99 on-page optimization and 100 for off-page.
Sixth is Boostability found in Lehi, Utah under Kelly Shelton. Founded in 2009, it also has a revenue of above $10 million with 7,500+ clients and 465 full time employees. It has a client retention rate of 92% with core services in Search Engine Optimization, Social Media Marketing, And Web Development. Its major clients include J.D. Power, Fieldstone Homes, Dexter Law, Alegria Shoes, and Artbeats. Boostability has 99 on-page optimization and 97 for off-page.
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channelmeimei · 7 years ago
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Our work spaces are changing: 4 trends affecting Valley commercial development in 2018
There’s no doubt that Boise has tipped, says George Iliff, managing owner of Colliers International’s Boise operation.
Iliff, a leader in the Treasure Valley’s commercial real estate sector, says the idea that author Malcolm Gladwell made popular in his book “The Tipping Point” reflects what’s happening in the Treasure Valley now: Interest by outside investors is accelerating the growth of our commercial real estate market.
We’ve been discovered.
George Iliff, Colliers managing owner
“We’ve been discovered by people around the country and by the investment and development community nationally,” he says.
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In recent months, Boise has made nearly every “best places” list put out by Forbes, and Idaho now is officially the fastest-growing state, according to the U.S. Census Bureau. Meridian is the nation’s 13th fastest-growing city.
The interest will bring more investment in 2018. And that will spur more construction and development as Boise, Meridian, Nampa and Caldwell try to keep pace with the demand for places to live, shop, eat and work.
“We’ve been in this up-cycle for some time, and it will go on into the next few years,” Iliff predicts.
There’s plenty of opportunity in all commercial sectors: retail, office and industrial/warehouse. The Treasure Valley is not overbuilt in any area. “We are behind in several areas,” says Old Boise developer Clay Carley.
Interest in doing business here has outpaced the availability of work space, says Gardner Co. Executive Vice President David Wali.
“A better job market leads to more competition for skilled workers and more companies coming into the area,” he says.
These four trends will affect the way Valley residents live and work:
As Boise’s Downtown’s skyline continues to change, expect more interest from regional, national and international investors.
Idaho Statesman file photo
1. More Outside Investment
Outside interest has been gathering since the prerecession boom.
Chicago’s Baum Realty bought the Downtown block bordered by 8th, 9th, Bannock and Idaho streets in 2006. Baum brought The North Face to Boise in 2008 and other national boutique retailers since, including furniture store West Elm in 2016.
Los Angeles developer LocalConstruct began investing in Boise in 2010. Co-founders Casey Lynch and Mike Brown have been behind the dramatic increase in Downtown apartment living since, with projects such as The Owyhee, The Watercooler and The Fowler, set to open in February.
Utah based-Gardner Co. merged with Boise’s Ahlquist Development in 2013 and started pouring money into Treasure Valley projects such as Downtown’s Eighth and Main Building and Pioneer Crossing project, and Meridian’s Ten Mile Crossing.
Last fall, Wisconsin billionaire Diane Hendricks bought the three-building Downtown retail development known as BoDo in 2017. The company says it may spiff up BoDo’s exterior to give it a more historic feel, similar to the adjacent 8th Street Marketplace.
Today, Las Vegas’ Brass Cap Cos. is building large industrial spaces in the Valley. Ketchum’s Strider Group, which specializes in industrial and build-to-suit development, has several projects, including three buildings totaling 145,000 square feet at the Gowen Road interchange with I-84. Strider also is preparing 90 acres near Gowen and Eisenman roads to be shovel ready by spring, says associate Harrison Sawyer.
The industrial market is really growing here — I’ve seen it explode in the last five years.
Harrison Sawyer, Strider Group associate
“I think we’re headed down the right path,” Sawyer says from the firm’s Boise office. “We’re seeing large corporate clients from California, Texas and Florida that are looking to relocate or expand in Boise. We’re just hampered by a lack of product right now.”
Fresca Mexican Foods, a Boise-based tortilla maker, is building a new 200,000 square-foot plant in Caldwell. It’s scheduled to open for full operation this spring.
Provided by Fresca Mexican Foods
2. More industrial construction
The Valley emerged from the economic downturn beginning in 2012 with a flurry of Downtown construction and development. At the time, industrial construction didn’t get the same attention.
Now the inventory of industrial space in the Valley is at a historic low: between 1.5 percent and 3 percent. In recent years, the Valley has missed opportunities to bring companies to the area, says Chris Pearson, a partner in Thornton Oliver Keller and an industrial brokerage specialist.
Provided by Thornton Oliver Keller
“On numerous occasions, a number of larger corporate tenants looking at Northwest markets might need 50,000 square feet of quality industrial space, but we just didn’t have it,” Pearson says.
Developers and Valley cities are pushing to catch up. Buildings are going up at the Gowen Industrial Park, in areas around Nampa and at Sky Ranch Business Park in Caldwell.
Provided by Thornton Oliver Keller
Mike Peña, a senior member of Collier’s Nampa brokerage team, predicts more industrial and light industrial construction in 2018 — and higher rents.
“During the recession we had a depression of leasing rates,” Peña says. “Now that vacancy remains low, rental rates are going up, making it feasible for new construction to happen.”
Some of the work is being done on speculation, with the hopes that a company will sign a lease. But the Treasure Valley is hot, more companies are coming, and “what is being built is getting absorbed at a rapid rate,” Pearson says.
Boise tech startup Cradlepoint is expanding its offices in the Boise Plaza at 11th and Jefferson streets. They are following current trends to make their work spaces more user friendly.
Idaho Statesman file photo
3. Evolving office spaces
Office space in the Valley is getting tight. Some companies are trying to figure out how to fit in more people per square foot by tearing down walls and creating more free-flowing spaces.
Others, such as Boise tech startup Cradlepoint LTE Solutions, are reconfiguring the traditional cubical farm, getting creative and tearing down walls in some cases, to create work environments that are flexible enough to allow for different styles within the work culture.
“We’re trying to create the environments that work best for a particular group,” says CEO George Mulhern.
The company, which makes wireless routers, has been on a hiring spurt, swelling its ranks to nearly 600 people, up from 450 last March. It has offices on the fourth and second floors of the Boise Plaza building Downtown and will expand to the first floor later this year.
Firmware designers keep prototypes and gadgets on their desks; they want cubes with high walls, privacy and quiet. The marketing team wants cubes with low walls and an ease of communication so they can share information. Software designers want to sit at a big table.
“Even where we do have offices — and in general we’ve reduced the number — we’ve created more open space and collaborative areas where people can get together and brainstorm,” Mulhern says.
Office developers are seeking amenities such as gyms, espresso bars, restaurants and attractive surroundings to attract a millennial workforce. Millennials are more interested in experiences than previous generations, Wali says, and such amenities encourage people to spend more time on work campuses.
“Employers don’t want to pay for travel time for someone to go grab lunch,” Wali says.
[Employers] also want a collaborative environment, with more light and more engagement with the outside world.
David Wali, Gardner Co. executive vice president
CTA Architects inside the Eighth and Main Building has a corner espresso bar and kitchen. Its offices feature moveable cubicle dividers and breathtaking views of Downtown and the Boise Foothills. J.R. Simplot Co.’s new headquarters features open, elegant work spaces, two restaurants and a living wall and mirror pools in the lobby.
Artist’s rendering of TM Crossing.
Provided by Gardner Co.
Gardner’s TM Crossing, on Ten Mile Road north of I-84, will have more and larger windows than older office buildings to allow more natural light. TM Crossing also will feature open spaces and nearby restaurants nearby, a health club and basketball courts.
Hotel openings in Downtown Boise last year included the Inn at 500 and the Residence Inn. Expect more in 2018.
Idaho Statesman file photo
4. More places to stay
The rebound in local hotel development will continue in Downtown Boise and Canyon County in 2018.
The Inn at 500 Capitol, on the southeast corner of Capitol Boulevard and Myrtle Street; a Marriott Residence Inn, across the street; and a Hyatt Place, at Bannock and 10th streets, all opened Downtown in 2017.
A Hilton Garden Inn is under construction at Front and 11th streets and will open later this year. An as yet unnamed hotel and parking garage project is on the way at 5th and Front streets from Carley, the developer of nearby Old Boise.
“Everyone thought we might be overbuilding, but they’re all doing well,” Colliers’ Iliff says.
Carley’s project took 11 years to come to fruition. The original agreement with Wisconsin’s The Raymond Group, the company that built Downtown’s Hampton Inn, was set in 2006. Plans were put on hold when the recession hit. The project should break ground in 2018.
“I’ve wanted a hotel in for my neighborhood for a long time,” Carley says.
In Canyon County, a Best Western Plus opened last year next to the Nampa Civic Center, 311 3rd St. South. Home2 Suites, an extended-stay hotel by Hilton, will open near the Ford Idaho Center in spring 2018.
Across I-84 at the Nampa Gateway Center, work is expected to begin in coming months on a four-story Candlewood Suites. Evergreen Hospitality Group, the company building the hotel, plans a second phase in a few years that will put a four-story La Quinta Inns and Suites next door, says Peña, the Nampa broker.
Caldwell Mayor Garrett Nancoles is behind the development of Indian Creek Plaza in his city’s downtown. The goal is to change the character of the sleepy farm town and keep people engaged in downtown.
Provided by City of Caldwell
The Caldwell example
In Caldwell, Mayor Garret Nancolas is using commercial development to change the farm town’s character.
During the downturn, Nancolas and his staff used redevelopment funds to buy 140 acres out by Sky Ranch. In the past few years, the city has sold 130 acres of that land to companies wanting to build industrial and light-industrial space, says Steven Fultz, Caldwell’s economic development director.
Sixteen buildings have been built at Sky Ranch since 2014. Eight to 10 will be completed in 2018 or are under construction, Fultz says, including one by Cold Steel Constructors and a 60,000-square-foot, multitenant building by Strider.
Profits from the land sales have fed grants to entice companies such as Fresca Mexican Foods to do business in Caldwell. The tortilla maker received incentives to move from Boise to Sky Ranch and build a 200,000-square-foot plant, CEO Andy Savin told the Idaho Statesman in May.
Land-sale profits helped pay for infrastructure improvements, such as realigning Smeed Parkway and extending Skyway Drive around the industrial park. They also helped build the $7 million Indian Creek Plaza at Kimball and Arthur streets in Caldwell’s downtown.
Caldwell will get its own Flying M. The popular Treasure Valley coffee shop, with locations in Downtown Boise and Nampa, is adding a third shop across from the new Indian Creek Plaza.
That ambitious civic improvement project is drawing commercial development nearby, including Gardner’s 11-screen movie theater and two retail pads for restaurants and shops. New and remodeleted businesses include a Flying M Coffee Shop that will open across from the plaza this spring.
For a downtown to grow, you must give people a reason to stay, Wali says: “Dinner and a movie. That’s where you start. You want to capture people in the evening and compel them to come back on the weekend. For that to happen you need entertainment, food, beverage.”
The city’s redevelopment agency is still buying properties, Fultz says.
“We’re making sure they’re shovel-ready and putting them up in a competitive market to draw quality job creation,” he says. “We’re also working with housing developers in the area and trying to create a full range of housing inventory, from apartments to high-end homes.”
Challenges persist
With all this activity, it’s easy to overlook the commercial real estate sector’s challenges. Construction costs are high and leasing rates are low, making speculative development risky, says Strider’s Sawyer.
“We do not see this imbalance correcting anytime soon,” Sawyer says. But he adds: “We have made a strategic commitment to the Treasure Valley market [and] have a longer-term vision. We think Boise has hit critical mass and has an energy that will continue to attract businesses and families for the foreseeable future.”
Dana Oland: 208-377-6442, @DanaOland
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investmart007 · 7 years ago
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Inside Real Estate Launches the New Kunversion+
New Post has been published on https://is.gd/mgOe1P
Inside Real Estate Launches the New Kunversion+
DRAPER, Utah/ July 16, 2018 (STL.News) Inside Real Estate, a leader in software solutions for the real estate industry, unveiled today the newly enhanced version of it’s team lead generation platform – now known as Kunversion+. Kunversion+ is the premier lead acquisition and relationship management solution developed specifically for top producing real estate agents and teams. The original Kunversion platform is trusted by over 40,000 real estate professional across the US and Canada and captures over 500,000 buyer and seller leads per month. Recognizing the massive growth of the “real estate team” business model in the industry, Inside Real Estate developed valuable team features with the upgraded version of Kunversion+, and continues to drive the latest technology and highest value in the market for this growing customer base. “This is a big win for current Kunversion users, as well as for top teams and agents who are looking to power their growth faster,” says Joe Skousen, Founder and CRO at Inside Real Estate. “With the new Kunversion+, agents and teams have more tools along with smarter integration and automation – all to drive more closed deals for each agent.” Kunversion+ is built for high-performing teams of all sizes and boasts features such as: A robust and completely mobile CRM with a live and real-time activity stream Simple lead importing and built-in automatic and predictive email and text drip campaigns Best-in-class websites, landing and squeeze pages — all laser-focused on lead generation Advanced lead routing options and settings designed uniquely for teams A new modern user interface and team settings including a team dashboard “1 click to order leads” feature at both the agent and team lead level
Kunversion+ can also integrate with over 1,000 apps through Zapier, including Facebook, Power Dialers, Voicemail Drops, Video Email and other popular applications. “Top teams and agents continue to need the best lead-generation and automation solutions to drive their business,” says Nick Macey, Chief Product Officer at Inside Real Estate. “Everything we have built in Kunversion+ is designed to successfully maximize the agent and team’s time, effort and results.” Kunversion+ is available now. Current users of the original Kunversion were automatically upgraded to the new Kunversion+ in July, and new users will receive the new Kunversion+ solution as well. ABOUT INSIDE REAL ESTATE Inside Real Estate is among the fastest growing residential real estate software firms in the market and serves over one-hundred thousand agents, teams, and brokers throughout the U.S. and Canada. The company is the developer of the kvCORE Platform, the only platform where brokers, teams, and agents run their entire business on one solution. The platform’s components include a powerful lead engine, website & IDX tools, a smart CRM, consumer and mobile apps, and transaction integrations—all built on a scalable cloud infrastructure and powered by sophisticated automation and analytics to understand and grow your business. Customers also enjoy access to Inside’s Marketplace where they can easily add-on and integrate wtih dozens of vetted solutions including, Circlepix, Brokersumo, advertising services and other leading third-party products. Kunversion+ is the company’s offering for standalone teams and is the most dynamic and powerful lead generation tool available. Visit Inside Real Estate for more information.
_____ SOURCE: https://www.prweb.com/releases/2018/07/prweb15628476.htm
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