When a contract is first entered into, both sides are generally happy to get the deal done and often things are overlooked. It is not until later that a problem may arise and one party, or both, wishes they had an attorney look over the document prior to signing. A business contract can be a helpful tool or burdensome constraint, depending upon how they are drafted. Important facets of a contract drafting:
- Being precise in the language in order to avoid disputes, misunderstandings and unintended consequences
- Make sure an agreement is enforceable
- Provide an alternative mechanism, other than a lawsuit, for resolving disputes should they arise.
Suits for breach of, or enforcement of, contractual duties comprise one of the largest areas of civil litigation. Therefore, it is imperative that you have a lawyer look over any contracts that you might be considering entering into. Often times, we are asked to be present during the negotiation process. This helps ensure that the intention of the parties in understood by everyone, and may help prevent having to go back to the negotiating table over legal issues that were overlooked.