Contracts

Regardless of what type of business you are in, you cannot escape contracts. Some contracts are simple while others are vastly more complex. In general, there are three main areas of concern that arise when examining a business contract: Review of a proposed contract agreement, Drafting a contract for someone else to accept, and Negotiating the terms of a contract that will bind two or more parties. These different areas often intersect when handling even one lone contract.

Review

You should never assume a contract drafted by someone else is fair to your interests, even if you have no reason to distrust that party. It is common for people to assume nothing will go wrong and to ignore what the contract dictates if one of the parties fails to uphold their end of the bargain. This is a big mistake. Remember that contracts are not about what you would or wouldn't do... they are about what you could or couldn't do.

We can help you identify potential pitfalls, areas of uncertainty, and terms that are downright unfavorable to you during a comprehensive review of a presented contract. Remember that even when you are only reviewing a proposed contract, it is your responsibility to make sure you understand thoroughly what you are agreeing to and know your options before signing anything.

Drafting

A noteworthy legal principle to remember when drafting a contract is that the contract will be construed against the drafting party if there is any ambiguity. In other words, you as the drafting party have an incentive to make sure that the terms of the contract are clear, understandable, and cannot be interpreted in any other way. If the contract you drafted is ever arbitrated or winds up in court, you want to be in the right and rest assured the arbitrator or judge will agree with you.

Whether your contract is for an employee, a tenant, or a business client, we can work with you to ensure the contract terms are understandable and enforceable. When done properly, the contract should be favorable to your terms, yet also fair to the other party. It should dictate what each party's responsibility is and what each party's recourse is under all reasonably foreseeable scenarios.

Negotiation

Particularly on larger contracts, it is common to go through multiple rounds of revision before the parties ultimately come to an agreement. This revision process involves thorough analysis, editing, and ensuring the modifications stay true to the goals of the contract. You must sometimes also balance protecting your legal interests with the practical matter of maintaining an amiable business relationship. We can help you negotiate your way to a contractual agreement that protects your interests, is fair, and accomplishes your goals.