Drafting a Contract
More On Good Contracting
I've set the foundation on starting your contract. Let's get into writing & making negotiations. A well drafted contract helps you to maintain a successful business. We provide clear and concise contract check lists to our clients but would like to provide everyone with the tips for good contracting.
Avoid misunderstandings. The duties of both sides need to be clearly written out staying away from ambiguities that my lead to litigation.
"So I think that by now we’ve gotten the message: Don’t use herein, hereunder, and other here- and there- words. Not only are they archaic, they create confusion." - Ken Adams, an expert in contract drafting
Make it plain. If your are expecting a certain outcome from the arrangement, then you need to have it written out in the contract so both sides understand those outcomes.
Revise the standard. If you are going to be using a pre-drafted contract make sure to revise it to meet your needs. Most pre-written forms are general even if they are on the topic you want. Key in on the details
Be first. When writing the contract, you be the first drafter. The negotiations will lean to your favor because you have set the standards that should be observed first.
Classic form. If the contract looks standard it's less likely that the other side will want to further negotiations.
Say it loud. Make use of your [CTRL+B] and [CTRL+I] when placing provisions into your contract to make them more direct.
Fine Print. The last section in the contract that is easily over looked but happens to be the most important especially if the parties enter into litigation.
Drafting a contract is in no way a walk in the park but a few of our quick tips can help any small business owner create a legally binding agreement or have the knowledge of what to look for while engaging into a contract with another party.