We recommend that all of our business clients use contracts to protect their business and to establish the terms of the transaction in question. In virtually every dispute, the contract between the parties is used as the starting point for an analysis of the parties’ rights and remedies. The contract provides the critical definition of the obligation between the parties. We are often involved in negotiating contract terms to provide a clear, complete and fair agreement. Often what constitutes a fair contract is subject to opinion and considerable negotiation.
While there are many standard form contracts used in business transactions, these contracts are not interchangeable and often apply standard contract clauses for the benefit of one party to the disadvantage of another. It is important to note that the meaning of similar contract clauses may vary and that differences in terms, or the inclusion or revision of a particular phrase, may have a significant effect on the rights and duties of the parties to the contract.
Recent legal decisions have dramatically impacted long held opinions as to how a particular contract provision is to be applied.
Our attorneys are well versed in the terms and conditions of business contracts and how best to negotiate those terms which are fair but in the best interests of our client.