Contract Law Attorney – Reviewing, Drafting & Negotiating Contracts

Every day businesses large and small enter into implied and expressed contracts. They are the very foundation businesses are built upon. When you enter into an agreement with another business or individual you are depending on them to follow through with their promise. The reality of business, and life for that matter, is that, for whatever reason, not everyone follows through with what they say they are going to do.

Under Florida contract law both an oral contract and a written contract are considered equally binding and enforceable. However, if the oral contract was ever litigated it may be difficult to prove the specifics of the agreement. A contract should always be in writing.

Without a well written contract clearly outlining what the agreement is, it could be very difficult if not impossible to force the other party to follow through with the original agreement. Not all contracts are well written. Not all contacts are written with the best interest of the deal but to give the advantage to one party over the other. Some contracts are simply poorly written using ambiguous language and fail to provide adequate protections.

Understanding what is in a contract, and knowing the negotiated agreement is properly outlined in the contract is just as important as having a written contract.

At Walsh Banks Law our contract lawyers have extensive experience reviewing, drafting and negotiating many different types of contracts from many different industries.

Reviewing Contracts

Do I really need an attorney to review a contract? Yes! Too often businesses, and individuals, lose money, or find themselves in a difficult legal situation because they simply did not understand what the contract actually said. A good contract lawyer can tell you if a contract is valid, legally binding and enforceable.

The truth of the matter is that often when one party finds themselves on the bad side of a contract dispute it’s because they did not have an attorney review the contract before signing. When you have an attorney review a contract they will be able to advise on the rights and obligations outlined in the contract as-well-as the consequences of a breach of the agreement.

First, your attorney will determine whether r or not a contract is valid under Florida Law. Florida contract law stipulates that for a contract to be valid it must contain 5 elements.

Five Elements of a Valid Contract

  1. An offer: what is the product or service? In what quantity? Or, for what duration? Who is providing or receiving the product or service? At what price? And for what duration?
  2. An Acceptance: This can be written or verbal. When you sign a contract you are accepting the offer.
  3. A consideration: In other words something of value must be exchanged for completing the terms of the contract.
  4. It must be legal: The purpose of the contract cannot violate the law.
  5. Legal Capacity: Both parties entering into the contract must have the legal capacity to enter into the contract: All parties of a contract must have the mental capacity to understand the agreement they are entering into. Also both parties must have the authority to enter into the contract for a principal of the contract.

Second, once your attorney has determined whether or not a contract is valid they will review the terms and conditions of the contract to make sure they are what your think they are. Finally, how a contract is worded can create intentional and/or unintentional ambiguities that create loopholes or difficult to recognize restrictions. He or she should be able to find those ambiguities and explain the possible risks related to them.

After discussing your motivations for the contract, your understanding of the transaction contained in the contract, as-well-as reviewing the contract for ourselves our contract attorneys will provide an opinion letter which will explain the legal implications of the contract itself as-well-as the terms, conditions, and obligations outlined in the contract. It will also contain recommended changes that we feel are necessary for you to accomplish your objectives and to protect your rights.

Drafting Contracts

Preventing a contract dispute hinges on drafting a valid contract that clearly outlines the agreement in its terms and conditions. At its base form a contract is an outline of the promises negotiated between two or more parties. During those negotiations all parties try to hammer out and address potential problems; creating the terms and conditions of the contract. It is imperative that a contract be written as clearly as possible.

A good contract attorney will be able to draft a contract in such a way that your rights and objectives are protected but the other parties to the contract do not feel uncomfortable signing the document. It’s all about balancing protecting you without resorting to particularly burdensome language. Writing detrimental clauses or using particularly onerous language can quickly kill a deal.

Downtown Orlando Office

790 N. Orange Ave
Orlando, FL 32801
Phone: (407) 259-2426
Toll Free: (866) 801-2636
Fax: (407) 391-3626

Metrowest Orlando Office

7065 Westpointe Blvd., Ste 311
Orlando, FL 32825
Email: contact@walshbanks.com

About

Walsh Banks Law is a boutique law firm located in Orlando, Florida. We specialize in business law, real estate law and commercial litigation.