Our Practice Areas
Contracts
We draft and negotiate a comprehensive range of business contracts
Including:
- Agreements covering management
- Franchising
- Service
- Manufacturing
- Distribution
- Licensing
- Real estate
- Leasing
- Employment
- Independent contracting
- Non-compete
- Confidentiality
- Non-disclosure
And more.
To the surprise of most people, individuals enter into a contract on a daily basis. From that morning cup of coffee to the swipe of a card at a gas station, contracts have become ubiquitous. However, drafting a reliable and enforceable contract requires experience.
We not only tailor the negotiation to your needs and skillfully draft the contract’s terms and conditions, but we also correctly implement those terms and conditions so a business can establish a succinct set of rules and procedures if any dispute were to arise.
Hence, having a clear and unambiguous contract, which both parties mutually agreed to and signed, is paramount to reducing risk and any potential breach of contract claims.
In any transactions where liability and personal interest are involved, it is important to have a written contract to protect both you and your assets.
While most contracts are not required to be in writing to be legally binding and enforceable, a written contract helps to facilitate the relationship, establishes clear procedures and methods for recovery in any potential dispute, and makes resolving claims more efficient and less expensive since the rights of the parties are memorialized in writing.
While most contracts are not required to be in writing to be legally binding and enforceable, a written contract helps to facilitate the relationship, establishes clear procedures and methods for recovery in any potential dispute, and makes resolving claims more efficient and less expensive since the rights of the parties are memorialized in writing.
Not only is a physical document important, but so is the substance within the four corners of the contract. For any contract to be legally binding and enforceable, the language of the contract must be as clear and precise as possible.
There are significant elements to a contract that should be considered and carefully drafted.
These include:
- Services
- Scope of work
- Description of the product
- Quantity
- Price
- Payment
- Late fees
- Term
- Dispute resolution (including attorneys’ fees, mediation, arbitration, choice of law, and venue)
- Amendment
- Termination
- Breach
- Confidentiality
- Waiver
- Warranties
- Assignment
- Force majeure
However, it is important to recognize that this list is not exhaustive and there may be more (or less) considerations depending on your business’s needs.
At Ser & Associates, we can assist you at any–and all–stages of contracting
The next time a contact arises, just know the attorneys at Ser & Associates are ready to assist you.
We regularly assist clients with negotiating new contracts
As well as drafting contracts, and reviewing and revising contracts provided by the other party. We can take the lead in negotiations or play a support role, depending on what your needs are.
We can offer our services to prepare a template contract to be used as necessary
For clients who enter the same type of transaction daily (such as non-disclosure, non-compete, and confidentiality agreements), this is an efficient way to contract when the terms remain predominately consistent except for minor changes regarding price and quantity.
We apply a business model approach to our services
We are committed to helping clients comprehend what each term means and how it can affect its business (both positively and negatively). We do this by applying only a business model approach to our services, which allows the client to develop a realistic understanding of the contract terms they are agreeing to.