Why have a contract if it is not enforceable? You may be able to create a contract on your own, but hiring an attorney is the only way to ensure a contract is complete, enforceable, and best serves the needs of your business.
An experienced contracts attorney has the knowledge to help you avoid contracts that could be costly and problematic later, and ensure you enter into contracts under the most favorable terms possible.
Contract Drafting and Review
There are a lot of services out there that provide form contracts. You simply fill in a few blanks, get a few signatures, and you have a contract. But contracts are not simple, standard, or one-size-fits-all. A contract is a business document that serves a dual purpose as a legal document, memorializing an agreement that is enforceable by law only when it complies with applicable legal requirements. As such, the best contracts are custom-tailored for each agreement, drafted to fulfill a specific purpose.
When it comes to contracts, even one wrong word is enough to completely change the overall agreement. With plenty of intricacies at work to create a valid, enforceable contract, contract drafting requires in-depth knowledge of applicable laws, a thorough understanding of the intent behind the contract, and adequate detail to establish clear terms that are appropriately connected throughout each clause in the contract. It is a job best left to the professionals.
Our law firm takes the time to understand your business and what you hope to accomplish (or avoid) with a contract before drafting a single word. When a conflict arises, our attorneys can help you navigate the terms of a difficult contract. Reviewing existing contracts for errors that may render the agreement unenforceable, terms that would excuse performance, or will otherwise allow either or both parties to break the contract with minimal consequences can help you avoid costly, time-consuming litigation.
Commercial Litigation and Breach of Contract
When a contract is breached, it can place undue strain on your business triggering a chain reaction through other aspects of your business. Another party’s failure to complete a job, provide promised goods or services, or pay on time can limit your ability to engage in other transactions. Having a carefully drafted contract can provide the protection your business needs to manage breached contracts.
While the cancellation of the contract is a common remedy for contract issues, this may not return you to the position you were in before the breach. If you relied on one contract to engage in another business transaction, specific performance, or compelling the party in breach to fulfill their contractual obligation(s), may be the more appropriate remedy. An attorney can help you navigate a breach of contract, mitigate your damages, and pursue the remedy that will best serve your business.
The Importance of Contracts in Business
A well-written contract protects you and your business interests. However, because no two business transactions are the same, it is important to have an experienced contracts attorney tailor your contracts to meet the specific needs of your business. Having a contract allows you to engage in business relationships with individuals and companies with whom you do not have established trust. In business relationships, a contract provides peace of mind that if the other side does not fulfill their obligations, you can enforce the terms of the contract in court. It offers assurance that your business will continue despite any obstacles that arise along the way.
