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HABLAMOS ESPAÑOL

Contract Formation

NJ CONTRACT FORMATION AND REVIEW

HOW WE CAN HELP CONTRACT REVIEW AND DRAFTING LAWYER

We are not only litigators we can act in a advisor or transactional capacity as well.

We can draft agreements to prevent lawsuits or make sure you are protected.  We act proactively and not reactive in this capacity.  

  1. We can Review Agreements
  2. We can Draft Agreements in the following but not limited to:
    1. Real Estate-leases, rentals 
    2. Business-Formation, Operating Agreement, Articles of Incorporation
    3. Purchase and Sale Agreements
    4. Dissolution Agreements
    5. Franchise Agreements
    6. Partnership Contracts
    7. Vendor Agreements
    8. Distributor Contracts
    9. Manufacturing Contracts
    10. Employment Contracts
    11. Buy-Sell Agreements
    12. Service Contracts
    13. Releases and Waivers
    14. Property Agreements
    15. Shareholder Agreements
    16. Company Operating Agreements
    17. Lease Agreements
    18. Confidentiality and Nondisclosure Agreements
    19. Non-compete Agreements
    20. Licensing Agreements
    21. Master Services Agreements
    22. Service Level Agreements
    23. Vendor and Independent Contractor Agreements
    24. Employee Handbooks
    25. Wills, Trusts, living wills, Power of Attorneys
    26. Influencer Agreements
    27. Merger and Acquisition Documents
    28. Non disclosure agreements
    29. Family Law documents
    30. Property Contracts
  3. Templates-You save money and fill in the form  DO IT YOURSELF FORMS

Why You Need An Attorney To Draft Contracts

Many people conduct business without the help of an attorney. Oftentimes business dealings like transactions and agreements seem straightforward and simple to the layperson, but the reality is these matters have serious legal implications. Whether you are conducting business without a contract or are using a contract that was not drafted by an experienced attorney, you need to be aware of the risks you are facing.

Contracts Are Legally Binding

One of the many benefits of a well written contract is that it is legally binding. This means both parties will be responsible for holding up their end of the contract. Imagine what would happen to a business if a supplier stopped supplying crucial parts? The business would come to a complete stop. Contracts give both parties legal recourse when a contract is broken. Unfairly or improperly drafted contracts can bind parties to unfair terms. People that sign contracts before reading or without fully understanding them put themselves at risk of serious financial jeopardy.

Poorly Written Contracts May Not Be Enforceable

Some people may choose to write their own contracts or use generic contracts they find online, but these are fraught with problems. One of the most common problems with poorly written contracts is vague language. Contracts need to written with a level of specificity, which means generic contracts found online simply won’t do because vague terms are difficult, if not impossible, to enforce.

Poorly written contracts also often lack crucial provisions such as details on how to terminate the contract, compensation for breach of contract, and many others. Depending on your business and industry, many specific circumstances must be addressed in the terms of your contracts. If these items are not addressed, you could find yourself tangled up in costly and expensive litigation.

Contracts are part of a strong foundation for any business. No business can operate without them.

Because of the legal implications and complexities involved with a contract, only an experienced Houston contract drafting attorney can be trusted to draft, negotiate, and review contracts. Contracts help allocate the risks, benefits, liabilities, and more between the parties involved. Properly drafted liability provisions are crucial when something goes wrong, and the parties will look to the contract to ultimately determine who is responsible.

Contracts help businesses obtain supplies, employ workers, and even purchase or rent the space in which they operate. Pagliara Law Group protects its clients’ best interests when drafting, reviewing, and negotiating contracts, ensuring our clients get a fair deal. Our meticulous attention to detail ensures our clients are always well represented with regard to their contracts.

What Is Legally Considered A Contract?

The legal definition of a contract is incredibly broad. For a contract to be binding, it must contain two elements: (1) all of the parties involved must be in agreement, and (2) something of value must be exchanged. This means contracts don’t necessarily have to be written down and that things other than cash can be exchanged. When you enter into a contract, it is important for the parties involved to understand exactly what they are agreeing to.

Unenforceable Contracts

Generally, if someone agrees to do something in exchange for another’s promise to do something else, this constitutes a legally enforceable contract. You can usually enforce verbal contracts in Texas if both parties meant for the agreement to be binding. So a Texas contract does not have to be in writing to be enforceable. There are exceptions for certain types of contracts, listed in a law called the “Statute of Frauds.”

Beyond verbal contracts, some contracts are not legally enforceable for other reasons, including those that involve:

  • A mutual mistake that causes one or more parties to not perform as they’re supposed to
  • Lack of capacity
  • The plaintiff accepting alternative payment instead of contract fulfillment, as this step discharges the original obligation
  • Duress or undue influence
  • Mistaken belief such that no party fully understands the terms of the contract
  • Replacement of the original contract with a new agreement
  • The plaintiff approved the defendant’s action or lack thereof
  • Oral contracts in situations where a written contract is required, such as in real estate transactions
  • It’s impossible or impracticable to carry out the terms
  • Contracts in which pricing, duration, or other material terms are missing
  • Misrepresentation, nondisclosure, or fraud
  • Public policy concerns
  • It is a contract governing something illegal

What this means is that in some cases, an otherwise valid offer and acceptance can lead to a voided contract because at least one party’s consent was, in fact, secured by fraud, undue influence, duress, or mistake.

Types of Business Contracts

While most parties to a negotiation won’t intentionally try to sabotage their future business relationships, non-lawyers should realize contract drafting issues are often invisible to those who don’t focus on them on a regular basis like we do. In fact, many sophisticated people who aren’t attorneys create unenforceable contracts by mistake.

EVEN IF WE DID NOT DRAFT THE CONTRACT LET US GIVE YOU A REVIEW

When another entity offers a contract, it’s essential to have an attorney thoroughly review it. PLG Law offers comprehensive contract review services that will help you make sound choices regarding risk management and other concerns.  We  perform a deep analysis designed to find out loopholes and identify potentially beneficial modifications. We will tell you whether clauses, provisions and timelines are reasonable.

 

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