Contracts are legally enforceable agreements that pervade every facet of our lives. What sets a contract apart from a mere promise is a legally bargained-for exchange. If one of the contracting parties does not uphold its end of the contract, the other party can sue for breach of contract and pursue its remedies. A skilled contract lawyer with substantial experience drafting, negotiating and litigating business and commercial contracts can help you understand the intricate issues that affect, or might affect your business at the present and well into the future. Our contract attorneys have substantial experience drafting commercial contracts, distribution contracts, license contracts, transportation contracts, sale of goods contracts, UCC contracts, loan contracts, services contracts, employment contracts, contracts for the purchase and sale of real property, lease and equipment lease contracts, grant contracts, and contracts involving cities and municipalities.
To be enforceable, a contract must have a clearly identifiable offer, acceptance, a legal purpose, consideration, and mutual assent. Generally, a contract will contain some introductory recitals (reciting and restating the purpose of the contract), a recitation of key terms, the obligations of the contracting parties, the definition of default, remedies upon default, and any relevant exhibits or attachments. For general information about contracts, visit this free legal resource.
Well-drafted contracts should clearly and simply state the rights, terms and obligations of the parties. Under Florida law, contracts which contain ambiguous clauses are construed against the drafter. This is why it is critical that contracts clearly delineate performance and respective contractual duties and obligations. Contracting parties should put everything in writing, keep the contract simple, deal with the right persons, correctly and comprehensively identify the parties to contract, including any guarantors, spell out all of the details of performance of the contract, clearly specify and delineate payment obligations, clearly define events of default, clearly define remedies upon default, provide clear and agreeable provisions on dispute resolution, chose a state’s law to govern enforcement of the contract and the forum for dispute resolution, and provide for confidentiality.
With our team’s diverse and experienced contract attorneys, we can provide invaluable legal counsel on drafting air-tight agreements. Our contract lawyers are skilled negotiators who approach drafting with a holistic strategy, always keeping an eye towards potential litigation