Contract Drafting and Review Lawyers

Negotiating Contracts

We enter into contracts every day for business and personal reasons. Some of these contracts are written, while others are oral. In every case, it is important that the terms of the contract are fairly negotiated, properly drafted, and reviewed to ensure the contract meets the intentions of the parties.

Negotiating Contracts

Negotiating a contract is very important.  By negotiating contract terms, the parties to the contract bargain for their own best interests.

While negotiating contracts, be aware of the following:

• Make certain you are comfortable with your duties and obligations
• Make your intentions, requirements and expectations of the other party clear at the beginning of negotiations
• Negotiate for a remedy within the contract if there is a breach by either party

Form Contracts

Contracts with the language and terms already set.  A common example of when form contracts are used is in landlord/tenant agreements. Parties usually do not negotiate when using form contracts. Thus, be certain to carefully review the terms of the contract so you are aware of your responsibilities.

Drafting Contracts

Many parties use form contracts (see above) as a model when drafting their own contracts. When drafting the contract, it is important that each party knows exactly what is expected of them. Thus, if there are any words that could be misconstrued, or any terms that are ambiguous, define them within the contract.  When drafting a contract, clarifying the terms and duties should be the goal.

Legalese

Review of Contracts

Before signing a contract, read it. In reviewing the contract, make certain you know what your stated obligations are under the contract. If you are uncertain as to your duties, and you sign the contract, you may be liable for breaching the contract.

Have a legal professional review the contract terms to insure that your needs will be met and that you will not obligate yourself unexpectedly.

Types of Business Contracts

Once you begin engaging in business activities, there are different types of contracts you may encounter. Some typical business contracts are:

• Agreement for the Sale of Goods
• Purchase Order
• Employment Agreement
• Confidentiality Agreement
• Lease for Real Property
• Franchise Agreement

Should I Consult an Attorney when Drafting and Reviewing Contracts?

Contract negotiations, especially in the context of important financial contracts, can be tolling and difficult.  An attorney can assist you with negotiations so your needs and requirements will be met.  Additionally, a lawyer can help you with drafting and reviewing contracts, and explain to you your duties under the contract.  An attorney will look out for your best interests throughout the entire contract process.