Contracts / Negotiation

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Legal planning for your business.

Whether you are a start-up coming or a large corporation, a contract attorney can guide you through the process of all contract legalities. Understanding all of the necessities that must go into a contract, along with understanding the complexities of all of the legal jargon included in a business contract can be a complex process.

We take the stress of contract planning off of your plate and handle all of the drafting, revisions, and any negotiations. It is important when getting involved with another company, to have a clearly outlined agreement, in writing. This can help avoid any conflict or issues down the line.

Your business contract describes what is to be expected of both parties in clear terms. Getting all parties to agree on all aspects of a business contract can be a tough task to face alone. Your contract should clearly outline what should happen if any disputes or issues may arise.

We tactfully ensure that your needs are clearly outlined and handle any contract disputes, as well as breach of contract. Providing honest opinions and protecting your rights comes first and foremost.

Breach of Contract

Sometimes, a company is put in an unfortunate situation where the other party agreeing to the contract, breaches the terms of the contract. When this happens, the case often moves into the litigation phase of the process. A breach of contract can have serious repercussions. A breach of contract can put the business, finances, as well as the future of an organization at serious risk.

We have had many years of experience protecting those who have suffered the unfortunate repercussions of a breach of contract. We evaluate even the smallest nuances in the contract and what specifically was outlined in the contract and build the strongest case to protect your business.

Combining aggressive courtroom skills, along with fair and honest advice, we can effectively go to bat for you and protect your rights. Whether it is a small business or a large corporation, we fight on behalf of any and all contractual rights that have been breached.

If you believe you are involved in a breach of contract with a business partner, it is important that you contact your attorney right away to rectify the situation.

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What does a contract attorney do?

Your contract lawyer will fully execute a contract between you and your partnering business or entity. Hiring a contract attorney is becoming more widespread amongst many businesses across the globe. Having someone with legal knowledge to execute and mediate in contract agreement can potentially save you money, as well as potentially save your business from any hardship.

The responsibilities of a contracts attorney may be as follows:

Compliance – A contract attorney ensures that the parties involved in a written agreement are compliant with each other’s wants and needs for the business transaction. This could include negotiating on your behalf and mediating with the other party so that your terms are met and agreed upon in writing. If you do not have a contract outlining what is to be expected, you risk potentially losing your company and/or money. It is important with any business transaction to always have something in writing, signed, for your protection.

Litigation strategies – When a lawsuit is involved, your attorney will effectively work to plan a strategy to prevent for any adverse reactions or events. This includes setting a legal precedent, such as planning for the goal verdict, financial reward for the client, or lessening the impact of sentencing.

Real estate – When purchasing a home, it is important to have a contract that clearly states the needs of the purchaser. This could include what is expected of the current homeowner before moving in, pricing negotiations, and accounting for any damages to the home and how to resolve them.

Employment issues – At any business or corporation, an employee must sign a contract with the company. This saves the company from any future issues that may come as a result down the line. If an employer is not happy with their employee and the time the employee has been with the company is less than 90 days, a contract ensures that the company can terminate the employee at any point in time without plausible reasoning. By outlining these issues and having your employee sign off on them, it saves the business from lawsuits or actions an employee might take for revenge. An employment outline might also include expectations of the employee, i.e. what they can and cannot post online, how the employee must represent the company, confidentiality agreements, and agreed upon rate of pay.

Mergers – When two entities or companies come together, this is called a merger. Basically, when one business is consolidated with another business or person. A merger will outline the specific relationship both companies will have with each other. This will include what role the merging company will have with your company. A merger will outline expectations, how long the agreement will last if there is a time frame, along with any financial obligations involved on behalf of each party. A merger is usually in place when a company is expanding, to increase company profit.

Types of Contracts

There are various types of contracts within the scope of contract law. We deal with any and all aspects of contract law to ensure your needs are met.

Here are a few of the different types of contracts we specialize in:

Sales contracts – A sales contract is the legal contract outlining the purchase of a service or goods. The value is agreed upon within the contract, along with any pertinent details pertaining to the transaction. There are a few very important aspects when it comes to a good sales contract. A thorough item description must be included; this could include what the item is, the item’s weight, size, value, etc. It also must be clearly outlined that the item buyer is able to inspect the item. If the item arrives and is defected in any way, the buyer usually reserves the right (outlined in the sales contract), to send the item back, without charge. Lastly, how and where the item or goods will be delivered must be clearly outlined in order to avoid any issues or confusion in the transport process.

Business purchases - A business purchase agreement certifies that ownership of a business is being transferred to a buyer. A business purchase agreement outlines the sale price of the business, along with any other terms of buying that go into the agreement. This type of agreement is designed with both the seller and buyer in mind and to protect the rights of everyone involved. A business purchase agreement can be written for a multitude of different organizations; this includes businesses, restaurants, shops, etc. These agreements also outline what part of the business is for sale or what is exactly being sold in regard to the business itself.

Commercial lease agreement – A commercial lease agreement is drafted when a company is renting another company’s property. This type of contract gives the leaser the right to use the company’s property for whatever business purposes the company needs to use the property for. In this type of agreement, payment is often specified to be given to the landlord of the specific property by the leaser. This agreement outlines the amount of time the property will be leased, the amount of rent being paid to the landlord, what type of business the property will be being used for, and any contingencies on behalf of the landlord in regard to the use of the property.

Non-compete clause – A non-compete agreement keeps an employee from going into any type of competition with his or her employer. For example, if an employee is working at an entertainment company, this contract prohibits the employee from doing business with another entertainment company, i.e. a company that would be in direct competition with the current employer. These types of agreements are usually put in place once the employee either completes work with the current employer or is terminated from the current employer. These types of agreements also protect the employer from the employee spreading any private information when it comes to the company to any other company that the employee moves on to work with. The agreement typically outlines the exact date that the agreement is in effect, the reasoning behind the agreement, how long the agreement will be in effect, and also if the employee is receiving any type of compensation for agreeing to the non-compete clause.

Contract / Negotiations Frequently Asked Questions (FAQ)
Why do I need to have a contract in place when doing business with someone?
Having a contract in place is extremely important because it protects you from future repercussions in your business transaction. Without some form of written evidence of the agreement of terms in writing, a person or company has the ability to get away with just about anything. This could potentially harm you and/or your business. Each party must mutually agree on the terms of the contract, and usually, each party involved in the contract will exchange something small, of value, as an understanding of the agreement. This “enforces” the agreement, so to speak. We take control of the mediation process so that you have as minimal involvement in the process as possible.
What exactly does it mean to breach a contract?
When a person or company breaches a contract, it means that the person or company did not adhere to the terms outlined in the contract. This could be using a property for a means other than specified, not paying finances that were otherwise owed to the other party, or anything that goes against what was specifically agreed upon by both parties in the contract. When this happens, if a settlement cannot be made between both parties, it will become a court case in which a judge and/or jury will decide how the situation should be properly rectified.
What does “consideration” mean?
The term “consideration” in contractual agreements is a sort of bargain. Something of value is given as a result of adhering to the terms of the contract. This could be something of value, or most often, finances. A person is receiving something in exchange for their business and/or goods/services rendered. This can be thought of like a bargain. If you purchase something online, you have to receive the item in order to get what you paid for. Likewise, you cannot receive an item without making some sort of actual purchase. Sometimes, the price or the valued item is not worth the exact price of the services or goods being bought; it can be thought of as an act of good faith to bind the deal. An order for a business transaction to be successful, one party must trust the other not to take advantage, this protects that situation from occurring.
Do contracts have to be written?
Many have tried to enforce verbal contracts but unless there is a valid written signature and valid wants and needs are put into writing, an agreement is not valid. For example, if someone rents a house, if there is no written agreement as to what is expected when it comes to the house, the new tenant can be held liable for any prior damages to the home before moving in, as well as the leasing company could be liable for certain responsibilities that should be delegated to the tenant. There are also certain contract laws that prohibit a contract from being in effect unless it is in writing. These laws are called the statute of frauds. This enforces that if a contract is not in writing, it will not hold up in court. It is also important that a contract is in writing and all parties involved sign off and agree to all terms or else both parties run the risk of a breach of contract.
How do I know if I need a contract?
If you are going into business with another entity or party or going into an agreement with any separate party whether it be business or personal needs (i.e. owning or renting a home), it is imperative to contact a contract attorney. Having a contract will ensure that the agreement is legally binding and your attorney can help guide you through the process, ensuring everything is clearly mapped out and agreed upon.
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