Contract Drafting and Review in Florida

In order to fully understand the concept of contract drafting and review in Florida, it can be helpful for someone to understand what a contract is first. Contracts, in general, are legally binding agreements that are made between parties that acknowledge their rights and duties that govern the contract.

A contract may be formed through an oral agreement or in writing. For the purpose of discussing contract drafting, this article will refer to agreements made in writing.

Contract drafting means writing down the terms and conditions of an agreement between parties. The parties may have several drafts made or negotiation sessions before they finalize their final contract.

The goal of drafting contracts is to create legally binding documents in writing that are concise, clear, and as close to the intentions of the parties as it can be. The process of drafting a contract can be beneficial for agreements.

One of these benefits includes allowing the parties to discuss the terms of the contract before it becomes binding. This step can prevent future legal disputes over the contract. If a legal dispute does arise, the contract can serve as evidence of the original intentions of the parties as well as their obligations.

Contract drafting can also help make sure that the parties understand their respective duties and may provide guidance when an issue arises when the parties are working on satisfying the contract. This applies especially when the contract involves complicated conditions.

If someone in Florida has any questions or concerns about contract drafting and review, it is important to schedule a lawyer consultation.

How Are Contracts Drafted in Florida?

Even though anyone in Florida can draft a contract, it is recommended to have an attorney draft and review the final terms of any contract to make sure it is legally valid. The parties to a contract are often the ones who decide how the contract will be drafted.

This decision, however, can also be based on the type of contract being drafted. For example, an employment contract will often contain specific terms and provisions from the language that is found in a confidentiality agreement.

In general, the majority of contracts have to follow a basic format and include standard language and components, such as:

• Definitions of important words
• Legalese indicating the beginning or end of the contract, such as a signature block
• The rights and duties of the parties
• How the parties are permitted to terminate the contract
• General contract provisions
• Special policies

Regardless of the type of contract being drafted, the following elements must be included:

• Offer
• Acceptance of the offer
• Consideration, typically money
• Identification of the parties
  • The parties must have legal capacity to enter into a contract
• Legal subject matter
  • For example, one cannot enter into a contract to hire a hitman
• Mutual agreement between the parties
• The parties’ mutual understanding of their rights and duties under the contract

There are also other terms and conditions that are typically included in contracts, such as:

• Warranties
• Choice of law and forum selection
• Time is of the essence clause
• Severability
• Liquidated damages clause
• Force majeure
• Arbitration clause
• Indemnification
• Assignment
• Confidentiality

These terms refer to events that trigger consequences, duties that the parties must perform, and conduct that the parties cannot engage in or they breach the contract. Florida lawyers can help their clients understand all of these terms and draft a legally enforceable and valid contract.

What Is Contract Review?

Contract review in Florida is when one party to a contract hires a lawyer to review the terms and conditions of their contract. An individual should always have their lawyer review any contract before they sign it.

Additionally, if there is a dispute related to a contract, a lawyer can help the parties reach a resolution. A Florida contract lawyer will know what to look for and will have an understanding of contract review, contract drafting, and how to resolve contract disputes.

Having a lawyer review a contract can help protect parties against current disputes and future disputes. Contracts are often the most important pieces of evidence in legal cases. It is often the first document that is reviewed, whether the issue is resolved outside of court or in the courtroom.

When a Florida lawyer reviews a contract, they will look for certain elements, such as whether the contract is written clearly and provides unambiguous terms and has straightforward language that defines any technical terms. They will check to make sure it complies with the law.

A Florida attorney can also help make sure that all of the parties fully understand their duties and obligations under the contract. A lawyer can also change or amend any provisions that the party did not intend to include in their contract.

What Are the Advantages and Disadvantages of Hiring a Lawyer To Draft or Review a Contract in Florida?

There are numerous advantages and disadvantages of hiring a Florida attorney to draft or review a contract. Some of the many benefits of hiring an attorney to review a contract includes:

• All parties can gain an understanding of their duties and obligations
• The parties can make sure that the terms and conditions are what they intended
• Future breach of contract issues and legal disputes can be prevented
• Adding additional terms and conditions in the contract that may be been left out and could be beneficial
• Avoiding forming an unconscionable, illegal, or voidable contract

Examples of disadvantages of hiring a contract review lawyer can include:

• Unnecessary funds may be spent on hiring a lawyer to review a simple and straightforward agreement
• There may be a delay in finishing a business deal while the lawyer reviews the contract
• The lawyer does not practice in the area of law covered by the contract and, therefore, does not understand the nature of the business
• Drafting a contract that is longer and more complex than the parties originally intended

Should I Hire an Attorney in Florida To Assist With Contract Drafting and Review?

Drafting and reviewing a contract in Florida can be a complicated process, especially if the contract involves complex issues. If you have any questions or need assistance reviewing or drafting a Florida contract, it is essential to reach out to a contract lawyer for help.

A contract attorney can ensure that the contract complies with all of the applicable Florida laws and make sure that it will be enforceable in the event of a dispute. In addition, a lawyer will ensure that the contract contains all of the terms and conditions that the parties desire, negotiate for supplementary terms that can benefit the parties, and request any unfavorable terms be removed.

If any type of dispute arises, your Florida contract attorney can help negotiate with the breaching party and represent you in court if you have to take the matter to a courtroom. LegalMatch’s free lawyer matching services can help you find a contract lawyer in your area quickly and easily.

It will only take you around 15 minutes to submit your question or concern about your Florida contract or contract dispute on the LegalMatch website. You will get responses from member contract lawyers in your area in as little as one business day.