84% of small businesses manage contracts without an attorney’s help. Writing a business contract can be overwhelming, but you should take some key steps to ensure the agreement is sound and serves its purpose. To be legally binding, a contract must include certain elements that make it valid and enforceable.
When you’re running a business, you need to keep track of a lot of things. Contracts are one of the most important aspects of any business. They can help to avoid legal issues down the road and ensure that both parties are held accountable.
In this blog post, we will discuss everything you need to know about how to write a business contract. We’ll go over the different parts of a contract, what needs to be included, and some tips for ensuring your contracts are effective.
Read on to discover the importance of a business contract and how to write one properly.
The Parts of a Business Contract
A business contract is nothing without the actual context and content that comprises it. Typically it consists of four main parts:
- the parties involve
- an offer and acceptance
- consideration
- terms and conditions
Let’s take a look at each of these in greater detail so that you understand how a contract is structured.
1. Parties Involved
The first section should include both parties’ full names and contact information. It should also include a statement that both parties are of sound mind and that they have the legal capacity to enter into this contract.
2. Offer & Acceptance
The second section should state what is being exchanged between the two parties (goods, services, money) and outline who will provide or receive each item or service in detail.
This section should also include the date when the agreement was made, and both parties must sign it. Business contract details are elaborated on here.
3. Consideration
This is often referred to as “the exchange” – essentially, it states what each party is providing in return for entering into the contract – financial or otherwise.
4. Terms & Conditions
Lastly, this section outlines the conditions under which either party may terminate or amend the contract. It should also include a clause that states who is responsible for any legal fees that might arise from disputes and other important information such as taxes and warranties.
Here you must also mention the process of terminating business contracts.
Tips to Write a Business Contract Effectively
To write a business contract can be a daunting task regardless of the size and scope of the agreement at hand.
It is important to recognize that the contract should be written clearly and concisely, with appropriate legal language, so that all parties involved accurately represent any risks and liabilities. Here are some critical tips for creating an effective business contract:
Define the Terms
Before beginning to draft the contract, it is important for both parties to agree on the scope of work and tasks included in the agreement. This includes deadlines, payment terms, service details, as well as other obligations that must be met.
Any confusion from either party during this step will create difficulties further down the line. This is true when attempting to enforce or review the contract’s content.
Responsibility Awareness
Each party must understand what they will provide in exchange for services rendered or goods provided.
All terms and conditions should be laid out clearly so that no one is surprised by any stipulations included in the contract once it has been signed.
Proper Legalese
When drafting contracts, it is prudent to use language that addresses contractual obligations. For example, “covenant” or “condition” rather than words such as “wish” or “like”. As they do not carry any legally binding weight about obligations between contracting parties.
Dispute Resolution Methods
Put forth a plan for how disputes between contracting parties will be settled should they arise. These often occur during or after the completion of project terms laid out in the agreement.
These can be arbitration or mediation options, or the specific court of jurisdiction over matters. This is true should those courses of action prove ineffective in settling matters amicably between them.
Governing Law Clause
A governing law clause outlines which country’s laws would govern any potential disputes arising from contractual relationships.
This could help save time spent arguing over matters since you both agree upon which jurisdictional laws take precedence from the outset of your relationship/agreement.
Mistakes to Avoid When Writing a Business Contract
It is essential to have a legally-trained professional review your contract before signing it. This will ensure that all of the terms and conditions are in line with applicable laws and that there are no overlooked legal issues or discrepancies.
Using Jargon or Vague Language
All types of business contracts should be written in plain language. An easy-to-understand syntax that both parties can interpret correctly is used.
Avoiding industry jargon or ambiguous phrases will save you from potential disputes down the road. This is because each party’s expectations are clearly outlined from the onset of the agreement.
Leaving Out Mandatory Elements
All contracts must include certain elements such as who is involved, what service is being provided, payment terms, and any other relevant information that should be included in the agreement.
Without these elements, it can be difficult for parties to enforce a contract or even have a valid agreement in place.
Neglecting Warranties and Taxes
Depending on the nature of your business transaction, there may be certain obligations, such as taxes or warranties that must be taken into account and addressed within the contract itself.
It is important to include these items so that each party is aware of their respective rights and responsibilities.
Contracts Done Right
In conclusion, ensuring that a contract is created and written with the utmost care is essential. It should be clear and thorough and include all mandatory elements to protect both parties in the agreement.
Drafting contracts correctly will help prevent disputes or breaches of contracts down the line. This is done while ensuring that each party’s rights and obligations are respected.
Moreover, consulting with a lawyer is beneficial as they can review the document for accuracy. They can provide advice regarding best legal practices when creating these agreements.
Ensure that everyone involved in the transaction understands their respective roles and responsibilities. Therefore, setting up a successful business relationship is critical.
Get in touch to write a business contract that won’t disappoint you.
