Do I Need a Business Contract? A Great Question.

Business contracts are important for multiple reasons. It’s important to have a contract to create a legally enforceable agreement to support any necessary legal action. In the event you need to take legal action, it’s good to have the agreed upon terms in writing. A business contract can include provisions to limit liability, create certainty, specify what constitutes a breach of contract, discuss when each party can terminate the agreement, and set out each party’s responsibilities, including the cost of services, the extent of services required, and quality expectations.

Avoid Pitfalls of Commercial Contracts

While it’s good to make sure you have a business contract, it’s even more important that you have a good contract. A poorly drafted contract can make resolutions more complicated, or worse, cost you money. A well-drafted contract, on the other hand, can help parties determine how to handle disputes. A contract can be drafted to encourage cooperation between the parties or allow for mediation, saving the parties time and money.

Many business owners enter into business contracts thinking these contracts are relatively straightforard and don’t seek advice from an attorney. However, there are some common areas that individuals tend to leave out of their contracts that can have severe consequences.

To avoid making these common mistakes, some things to consider include are,

  1. Did you consider insurance coverage, either for you or the other party

  2. How long will this contract last

  3. Is there unlimited liability, either for you or the other party

  4. Can the other party assign or delegate duties without approval

These are only a few of the many important things that need to be considered when entering into a business contract. With all the issues that should be addressed, it’s always a good idea to have an attorney negotiate your business contract, or at least review it, before you sign. An attorney can ensure you’re setting yourself up in the best position in the event a dispute arises. Attorneys experienced in assisting with business contracts will know the types of scenarios to plan for so they can be addressed before a problem arises.

John Langley
Partner, Attorney
jlangley@bwlawplc.com