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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111645
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I was a union contractor years. I went out of business and

Customer Question

I was a union contractor for many years. I went out of business and the union gave me my surety bond money back but did not release me from the signatory contract. I now have the opportunity to buy an existing non union company, but am concerned about potential liability. the Paperwork says that if my company at any time conducts business under the same name or any other name It must pay benefits. The agreement does not say anything about , If I myself personally conduct business. The Exact wording Is " If CSC masonry , Inc. Intends to resume covered work ( regardless of the name or business form used) it must inform the union of its intentions and provide a new bond to cover benefits."
I wonder if "I" am the same as "csc masonry, Inc.? CSC Masonry is still out of business. can I buy this new company without any union problems?
Submitted: 8 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are buying a new business and are not operating it owned by CSC (since your name is ***** ***** the contract, just CSC Inc) then this is basis to not owe the union a dime. Such a clause that does not have a limit or your name personally on the document would not be enforceable in court and if they tried to do so, you would generally win in court because you are buying an existing company and not reopening your old company.
You are not the same as a corporation, a corporation is a separate entity legally.

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