Much of the legal work business attorneys attend to involves drafting and reviewing contracts. At Scaffidi & Associates, our attorneys have well-honed skills in all aspects of creating and reviewing contracts to ensure that they cover each and every pertinent aspect of the agreement in clear, precise language. We are also very careful to cover all foreseeable eventualities, even those that are very unlikely to occur, realizing that it’s always better to be safe than sorry.
Our business attorneys realize as we draft and/or review any business contract you will sign, we are acting as your trusted legal representative. Our duty is to protect your reputation as well as your financial interests and we take that duty very seriously. Each of our professional contract attorneys has excellent credentials and a track record of successful outcomes.
Types of Business Contracts Scaffidi & Associates Handles
Our practice covers a broad spectrum of business contracts of all types. These include contracts related to:
- General business and franchise
- Employment, including independent contractors, separation or termination
- Sales, such as bills of sale, purchase orders, warranties, commissions
- Real property or equipment leases
- Distribution, franchise and sales representation
- Stock purchase
- Settlements and release forms
- Joint ventures and partnerships
- Indemnity and covenants not to sue
- Confidentiality, noncompete agreements, reciprocal nondisclosures
- Assignment of contract (legal transfer of benefits and obligations)
The Basic Provisions of Business Contracts
The purpose of business contracts is to prevent future conflicts by establishing clear boundaries in legally binding language. The contract attorneys of Scaffidi & Associates are well aware that each right and obligation of both parties must be clearly spelled out to prevent any future confusion or dispute.
We make certain that each contract we draft or review has been properly negotiated and approved by the owner, CEO, or other principal of the business and that:
- Each party’s legal name is correctly identified with proper suffixes (e.g. LLC)
- All necessary details are clearly articulated in exact, understandable terms
- Payment obligations are clarified in terms of acceptable payment type (check, credit card, or cashier’s check) due dates, amounts
- Reasons for, and methods of, termination of the contract are defined
- Ways to resolve disputes are delineated
- The contract includes a confidentiality cause (nondisclosure agreement)
Because each of the above elements is essential to drafting a proper business contract, we make sure to include all as we draft a document, and to make certain each has been included as we review one. Because a contract is legally binding, it can’t be broken without serious legal consequences.
Be Prepared: a Dispute Can Occur in Spite of All the careful Negotiations
No matter how precisely Scaffidi & Associates drafts and/or reviews a business contract, there still remains a minimal risk that the parties who entered into the contract will find an area to dispute in the future. Sometimes such disputes are the result of personal confrontations that have nothing to do with business matters.
As in many other legal documents, there are phrases or sentences added to all business contracts that, though they may look like unnecessary add-ons, have legal significance. Our contract attorneys, in order to be thorough, always make sure to include such words to provide complete clarity. Many of these provisions pertain to the termination of the contract itself. Knowledgeable attorneys always include pertinent standard provisions so there will be no lack of clarity concerning any of the following if, in spite of a well-drafted, well-reviewed contract, a dispute occurs.
Standard provisions include information about, in an adversarial legal dispute:
- Who will pay court costs and attorneys’ fees
- Whether there will be mandatory or voluntary arbitration
- Which state and county will have jurisdiction if more than one is involved
- Whether there will be a waiver, allowing either party to maintain the right to sue later
- Whether one provision of the contract can be deleted while the rest remains intact
- Whether all future modifications must be made in writing (an integration clause)
- Whether any attachments will be included as part of the contract
- How one party must notify the other about important matters
- Whether either party can claim partnership with the other
- Whether either party can sell or transfer rights to one not named on the original contract
- Whether an “Act of God,” such as an earthquake, will suspend the agreement
- Whether either party can conceal trade secrets except under specific conditions
- Whether both parties agree to have any legal dispute settled by a judge, not a jury
- Whether there will be a limit to damages awarded if one party wins a contract dispute
Contact Our NYC Business Contracts Attorney
As you can clearly see from the above content, business contracts are much more complicated than they may first appear. Also, they can have dangerous repercussions if they are not extremely well-crafted. You count on your contract attorney to include every required phrase, to cross every t and dot every i, to consider all possible changes in future circumstance or perspective. As with all legal matters, choosing the right attorney can make all the difference in your present comfort and in your security going forward. Take a look at our website and review our credentials and testimonials. They will prove to you that you’re making the right choice when you contact Scaffidi & Associates. We look forward to hearing from you and helping to make your business thrive.