Contract Lawyers in Georgia

Reviewing and Negotiating Contracts on Behalf of Clients

You’ve spent hours meeting with a potential new client, learning and figuring out how your company can meet their needs. They decide they want to work with your firm on a long-term basis. The next step is to draw up a contract outlining the services/products your company will provide, how the client will be expected to pay, and what needs to happen if either party wants to terminate the working relationship. Working with an attorney helps you with contract negotiation and drafting so all parties to the agreement have clear expectations.

Why Are Contracts Important in Business Law?

There’s often a lot of back and forth between clients and businesses or businesses and vendors before a mutual agreement is reached. It can be difficult to remember the exact details, such as whether a client is net 15 or net 30, especially if you are a larger business working with several clients at once. Contracts make this process easier by giving you — and the client — a clear document to reference. A contract also ensures that expectations are clear and that neither party can veer off of the agreed-upon terms without consequences.

Once a contract is signed, it can be very difficult to go back and adjust the terms or terminate it. This is why it’s so important to read through each sentence carefully and ensure that it is an accurate reflection of the agreement. Whether you’re creating a contract for a client or negotiating a contract with a vendor, our firm can help.

What Are Some Examples of Business Contracts?

When you’re doing business with individuals, agencies, or other companies, having a clear contract ensures that everyone knows what they’re agreeing to and gives you a document to refer back to if questions or issues arise. Here are some of the business contracts you may come across:

• Independent contractor agreements
• Service contracts
• Commercial lease agreements
• Employment contracts
• Nondisclosure agreements
• Vendor contracts
• Licensing agreements
• Franchise agreements
• Loan contracts
• Purchase orders
• A term or duration clause

We help our business clients understand what types of contracts are necessary for their industries and serve as a resource if there are questions or issues later on.

What Should Be Included in a Standard Business Contract?

Contracts are legally binding documents, so it’s important to ensure that they are accurate and thorough, covering all potential situations that could arise. Exactly what needs to be included in a contract depends on the type of contract and the industry, but at minimum, it should include these pieces:

• The parties involved
• What the purpose of the contract is
• Consideration, which is the benefits both parties receive as part of the contract
• The scope of the deal, including the duration, what services are being provided, and any expected outcomes
• A termination clause
• A section on dispute resolution, such as agreeing to mediation or arbitration
• Acknowledgement and signatures of all parties involved

An attorney may recommend other clauses, depending on the contract and situation. For example, if you are creating a contract for a client, you may want to include a kill fee clause that ensures you still get at least a partial payment if the client cancels the work.

What are Some Common Types of Contract Disputes?

Contract disputes in business are often related to breach of contract claims. If one party doesn’t uphold their end of the contract, the other party can sue for damages. Other common contract disputes include:

• Nondelivery of promised goods or services
• Payment disputes
• Performance disputes
• Allegations of fraud or misconduct
• Partnership disputes
• Disputes over the implementation of certain clauses, such as force majeure

It’s also possible for disputes to arise because of vague or ambiguous wording in the contract that leaves the terms up to interpretation. If the parties don’t interpret the sentences in the same manner, it can lead to confusion, unmet expectations, and legal challenges.

What Happens in Contract Litigation?

When a contract dispute escalates to the point of one party suing the other, this is called contract litigation. This is an area of contract law where it’s always advisable to work with an attorney who is experienced in business litigation and can help you navigate the process. Contract litigation starts when one party files a lawsuit. If you’re the one being sued, you will likely find out about the suit when you’re served. At this point, you will have time to review the claim and file your response. However, there is usually a time limit on how long you have to respond. This means you’ll need to work with an attorney quickly to determine if the claim has any merit and decide how you want to proceed.

The next step is often negotiation. This could be done through mediation or just through the attorneys for both sides. Trials are expensive and time-consuming, and they can harm a company’s reputation. This is why most lawsuits are settled out of court. Coming to a settlement agreement without going through a trial can save time and money, but it’s important to understand what you’re agreeing to and make sure that you’re negotiating in your interests. If the parties can’t agree, the case will go forward to trial and be decided by either a judge or a jury.

Ensure your company’s interests are protected and that you don’t get caught in a bad contract when you work with a contract lawyer. At InPrime Legal, our attorneys have extensive experience creating, reviewing, and negotiating contracts, and we can help with contract disputes, such as breach of contract suits. We help clients throughout Marietta and the surrounding area. Schedule your appointment with one of our contract lawyers by calling 770-282-8967.