After the clarification provided by the Court in Snider and the addition of criminal penalties added to N.D.C.C. § 43-07-02, the consequences of not being licensed as a contractor for work performed in North Dakota can be significant. Now, not only can a contractor forfeit its right to payment for services provided before the contractor is licensed, but the contractor could also be facing criminal fines and even imprisonment.
Sean T. Foss
Zealous advocacy on behalf of clients and a core competence in the law: it’s what you want in a business contract lawyer who focuses on commercial litigation and it’s what you get in Sean Foss. Sean is one of the rare lawyers who is equally comfortable representing a client in the courtroom and researching and writing legal briefs. Sean practices in all areas of business litigation, with a primary focus on commercial litigation.
Prior to joining the firm, Sean clerked for Justice Carol Kapsner at the North Dakota Supreme Court.
Sean graduated from the University of Minnesota Law School, where he was elected to the Order of the Coif for finishing in the top ten percent of his class. Sean was also a regional finalist at the ABA National Appellate Advocacy Competition, which is the largest moot court competition in the nation. Prior to law school, Sean graduated magna cum laude from the University of North Dakota, earning degrees in history and political science. While at UND, Sean worked as a reporter and editor at The Dakota Student.
Articles by Sean T. Foss
ND Prohibition against Non-Competition Agreements Prevails Over Choice of Law and Forum Selection Clauses
As most corporate and commercial litigation attorneys in this state already know, North Dakota law provides that a non-competition agreement is void as a matter of law except in a few, limited circumstances. See N.D.C.C. § 9-08-06. Enterprising attorneys have attempted to circumvent the prohibition…
On February 22, 2017, The Forum published an article on the North Dakota Legislature’s potential elimination of income-tax breaks for new businesses and residents in Renaissance Zones in cities across the state. (“Tax break reform plan could ‘cripple’ downtown Fargo growth, officials say,” http://www.inforum.com/news/4222469-tax-break-reform-plan-could-cripple-downtown-fargo-growth-officials-say). As…