Why You Should Hire a West Palm Beach Business Law Attorney to Draft Your Contracts
Contracts are legally binding agreements between people or businesses wherein one party is agreeing to provide goods or perform a service in exchange for financial compensation or receipt of other services or goods. A contract is not formed until there is an offer and acceptance as well as some type of consideration, which is essentially something of value.
However, trying to draft a business contract on your own doesn’t mean it will be legally binding even if you think you met all the requirements. If your contract is for something that is illegal, it cannot be enforced. Or what if the other party was not of legal age or didn’t have the mental capacity to enter into a contract? Was your contract in writing? Or was it a verbal agreement? Some contracts, like real estate sales, must be in writing. This requirement also goes for any contracts that cannot be performed within a year.
These are just some of the reasons why it’s important to consider having a West Palm Beach business law attorney draft and review all of your contracts, as well as handle negotiations when necessary. You may think you have a legally binding contract and find out it’s not after the other party breaches their end of the agreement. In these situations, you would likely have no legal recourse.
Common Types of Contract Disputes in West Palm Beach
Some types of contracts in Florida lend themselves to having more conflicts and disputes. One of these is employment contracts. It’s imperative if you are the employer that your language is clear in regard to job duties, pay, expectations, etc. Employees bring disputes often, and you don’t want to find out that you have no legal ground to stand on in these matters.
Another type of contract or agreement that results in litigation is the non-compete agreement. There are pretty specific criteria that need to be addressed in these types of agreements to make sure they remain enforceable. It’s understandable that you don’t want to train someone to do a high-level technical position, only to have them quit two months later and take all that knowledge to your direct competitors. However, you can’t just draft an agreement that says they cannot work for a competitor in the entire state of Florida for 20 years. A court will not ever uphold that non-compete agreement. Reasonable requests that involve small geographic regions for a short duration of time are more likely to be upheld.
Poorly drafted Operating Agreements are a popular source of disputes for LLC members. Without a comprehensive agreement in place, you might find disputes arising over simple matters that could’ve been resolved had they been spelled out clearly in your LLC’s Operating Agreement. Some disputes that cannot be resolved could spell the end of your business. This is another reason why it’s so important to have a valid and enforceable agreement in place.
Contact a West Palm Beach Business Law Attorney
There are multiple reasons and numerous types of contracts that your business may need drafting at some point. Don’t just rely on boilerplate language you find online and risk your business. Contact the West Palm Beach contract writing attorneys at the Law Offices of Larry E. Bray, P.A. today to schedule an initial consultation. Let us show you how we can help with all of your business’ contract needs.