Contract Drafting and Reviewing
We hear it all the time: “Why do I need to have a contract? I’ve always done business on a handshake.” It is true that business used to be conducted on a handshake, and in some respects, it still is – you have to trust people to a certain extent to do what they said they would do. But often people on either side of a contract have different recollections of what was decided – and so contracts help us to remember what we said we would do. Contracts also offer protections for events that come up after we “do the deal” and give us ready remedies for nonpayment and other breaches.
We are happy to review your current contract when you have a question about how a court might interpret it or if you are about to renew a contract or issue a contract that you have been using to a new party. We can also review contracts from your vendors or other business partners, like franchisers, to make sure you are protected. Laws change, and so do the circumstances in your business. You may have experienced issues in the course of business that you want to address in your current contracts. We can review a clause or an entire contract at your request.
Getting Out of a Contract
Sometimes you just need to get out of a contract; it has become too expensive, you have changed your business plans, or you are unhappy with the other side. Can you get out of it? Maybe. Depending on the clauses in your contract, you may be able to terminate it. But even if the contract doesn’t allow this, we can talk about ways that you (or we) can approach the other side to help renegotiate terms or otherwise amicably end the relationship.
Sometimes the other side wants to breach – or is breaching – the contract. How do you force the other side to perform? It may take as little as writing a “demand” letter to the other side or it may take a full-blown legal suit. Because we understand that filing a lawsuit is so expensive and time-consuming, we will do everything we can to settle the dispute in the most time- and cost-efficient way possible, depending on our client’s wants and needs.