Tampa Contract Drafting Attorney
Contracts are one of the most important aspects of any business. Conducting business without a written agreement of what all the parties to a transaction understand to be the duties and obligations of all involved is ill advised. A well drafted contract can mean the difference between a conversation and litigation over disputes in the course of a business transaction. In the business context, a business may need many different kinds of contracts, including general business contracts, employment-related contract, and real estate sale and leasing contracts. Our experienced Tampa contract attorneys are experienced in drafting clear and thorough contracts tailored for your particular business needs.
Three Key Requirements: Offer, Acceptance, and Consideration
In simple terms, a contract is an agreement between two or more people or businesses in which one party agrees to provide goods or services in exchange for consideration. There are three key components to each contract: offer, acceptance, and consideration. The offer and acceptance requirements ensure that the parties are on the same page as to the nature of the contract. What constitutes an offer and an acceptance can be legal questions at times, and these terms should be well spelled out in any contract. The final requirement, consideration, is anything of value exchanged by the parties to the contract, and can be money, services, goods or even a promise to do or not do something.
In some cases, despite meeting these basic requirements, some contracts are unenforceable under Florida law. Depending on the kind of contract you are seeking, our attorneys can advise you on how to draft an enforceable contract to suit your needs.
Oral Versus Written Contracts
Although oral contracts are enforceable in Florida in some cases, it is much better to anchor your business agreements in a written contract due to the evidentiary problems presented by oral contracts. Real estate transactions and contracts that cannot be fully performed within a year cannot be oral contracts, and have to be in writing.
Written contracts should always be drafted with enough specificity so as to make the terms of the contract clear, and the contract enforceable. Furthermore, in order for some contracts to be enforced, they must contain certain terms such as, the price of goods, or the obligations the purchaser must meet in order to receive the goods. Contact our Tampa contract attorneys for more information.
Specific Clauses To Consider
In drafting contracts, there are certain clauses that a business may need to include in the written documents to protect itself in the event of a dispute. Dispute resolution, rescission, choice of law, disclosure of company secrets, and intellectual property ownership clauses are some of the issues that can be thoroughly and clearly addressed in a well drafted contract depending on your business needs.
A contract can also address the consequences of a breach of the contract by outlining the kinds of damages and fees that a breaching party would be liable for. Although it is not possible to anticipate every dispute that can arise in a business agreement, a well-drafted contract can help prepare a business for any disputes, and limit exposure to liability.
Contact An Experienced Tampa Contract Drafting Attorney
Contact the experienced Tampa contract drafting attorneys at Saady & Saxe to discuss how we can help draft contracts that are uniquely tailored to your business needs. We can prepare contracts for basic agreements to more complex multi-party business transactions.