Non Compete clause form

[WinZip]

Hi Guy's an Gals ,

By chance does anyone have an up to date Non Compete Clause Letter for subs to sign so that by law they cannot approach any clients that I may use subs on.

 

[480sparky]

I'd talk to an attorney first. Such a clause may be illegal, and adding it can cause your entire contract to be invalid.

 

[petersonra]

This kind of thing has to be approached in accordance with your local state laws and they vary widely on this issue. You really need a lawyer who knows what your state law allows, and how best to word it.

Keep in mind that as I understand it, you cannot legally prevent your subs from bidding against you on most government projects no matter what.

 

[WinZip]

Yes I put a call into my attorney , an I don't do government work anymore , to much B.S. for me.

 

[WinZip]

I'm just trying to help out a few guy's that are 1-2 man shop but don't need them going after my customers saying they can do work a lot cheaper, you know what I mean.

 

[rodneee]

I'd talk to an attorney first. Such a clause may be illegal, and adding it can cause your entire contract to be invalid.

i agree,... but i would not even waste money on an attorney...more than likely he would draw up some contract, collect a fee from you; knowing all along that there is no way for sure to know if it would hold up in court...i think when this is done it is more of a bluff...

 

[480sparky]

i agree,... but i would not even waste money on an attorney...more than likely he would draw up some contract, collect a fee from you; knowing all along that there is no way for sure to know if it would hold up in court...i think when this is done it is more of a bluff...

So ask him to word the clause so it will stand up in court. That will be what.... a hundred bucks, maybe two? Cheap insurance if you ask me.

Nothing would suck more than adding a poorly worded clause, then end up in court, have your entire contract thrown out, and you end up not getting paid for the whole job.

 

[petersonra]

So ask him to word the clause so it will stand up in court. That will be what.... a hundred bucks, maybe two? Cheap insurance if you ask me.

Nothing would suck more than adding a poorly worded clause, then end up in court, have your entire contract thrown out, and you end up not getting paid for the whole job.

It is pretty common to sever the various parts of the contract so if one part is found unlawful it does not effect the rest of the contract. But again, you need a lawyer to do this right. Not some random advice from amateurs on the Internet.

Besides, if you are doing this to "help someone out", why would you help someone who would stab you in the back? This is a tough thing to deal with contractually. It is simpler just to not deal with people who are slicksters.

 

[WinZip]

I told him it had to be solid an hold up in court , he is also a friend that I do work for so there would be no charge for this.

 

[Sierrasparky]

So ask him to word the clause so it will stand up in court. That will be what.... a hundred bucks, maybe two? Cheap insurance if you ask me.

Nothing would suck more than adding a poorly worded clause, then end up in court, have your entire contract thrown out, and you end up not getting paid for the whole job.

I would not worry about a single clause causing the whole contract being unenforcable. What you need to add is a simiar clause" In case one or more of the provisions of this Agreement or any application thereof shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions and any other applications shall not in any way be impaired thereby.

 

[renosteinke]

Your best source for sample contracts is available for the price of joining your local contractors' association.