San Diego Contract Law Attorneys
Assistance with Contract Drafting, Review & Enforcement
Business arrangements hinge on the language and requirements set out in contracts. At Purdy & Bailey, LLP, our experienced and dedicated team offers full-service representation for drafting, reviewing, and enforcing business contracts. Our business contract attorneys in San Diego offer trustworthy legal advice on contract drafting and implement strategic legal representation when enforcing or litigating a contract.
What is Included in a Business Contract?
When writing a business contract, it is best to keep these ideas in mind:
- Address all possible situations that may arise. Consider having contingency plans for a scenario that is not ideal and some worst-case scenarios.
- Ensure that the language is not too ambiguous so that the terms not clearly defined.
Tips for writing a business contract:
- Get it in writing. Oral contracts are common, however, it is best to have a business contract in writing so that there is written proof and it is clear to both parties what the specific terms are.
- Utilize language that you and all parties can understand -- it is not necessary to use “legalese”.
- Be very detailed when it comes to the rights and obligations of each party -- for example, use specific dates, amounts, acceptable methods of payment, etc.
- The other party (or parties) will have access to your business practices, even trade secrets, so be sure to include a clause that stops other parties from sharing your information.
- Include language that deals with how the contract will be terminated.
- If you are working with parties outside of your state, be sure to consider how their state laws will affect the contract.
- Consider including a mediation and arbitration clause -- both of these options are cheaper than litigation in court.
Why Do I Need a Lawyer to Draft a Business Contract?
Knowledge of corporate law combined with precision and accuracy are required for creating effective business contracts. It is more cost-effective to take the time to draft a contract correctly from the start, rather than deal with business litigation in the future regarding the contract’s terms. Through decades of combined experience, our San Diego business lawyers understand how to draft a contract that clearly states the parties’ obligations and limits the liability of our clients.
Our team assists clients in need of the following and more:
- Business Purchase and Sale Agreement
- Real Property Purchase and Sale Agreement
- Asset Sale Agreement
- Stock Sale Agreement
- Pledge Agreement
- Buy-Sell Agreement
- Operating Agreement
- Subcontractor Agreement
- Joint Venture Agreement
- General Partnership Agreement
- Shareholder Agreement
- Promissory Note
- License Agreement
- Non-Circumvention Agreement
- Non-Solicitation Agreement
- Non-Disclosure Agreement
- Security Agreement
- Administrative Services Agreement
- Investment Agreement
- Tenant in Common Agreement
- Financing Statement
- Limited Partnership Agreement
- Installment Sales Agreement
- Easement Agreement
- Software Development Agreement
- Agreement to Wind Up and Dissolve Business
- Letter of Intent
- Memorandum of Understanding
Proper business agreements will clarify each party’s responsibilities and set forth legal remedies in the event of a breach of contract. When you come to our firm for assistance with your contract, you can gain peace of mind knowing that your business contract is thorough and legally enforceable in a court of law.
Business Contracts for Employees and Employers
Business contracts can set forth the terms of the relationships between employers and employees. California is an at-will business state, which means business owners should consider business contracts for highly paid and / or key employees.
Specify the employer/employee relationship and minimize disputes in:
- Duration of the job
- Salary, Bonuses, and Commissions
- Specific Employee Responsibilities
- Grounds for Termination
- Non-Compete Clause
- Ownership of Work Product
- Protection of Trade Secrets
- Arbitration Agreement
How to Enforce a Business Contract
To ensure that your contract is valid, contact the other party to confirm that they fully intend to perform their part of the agreement. If they do not uphold their side of the contract within a certain time after being provided notice, they may have breached the contract.
If you are involved in a contract dispute, the court must determine if the agreement constitutes what is considered a valid contract. To be valid, the contract must have been created and completed under “capacity to contract”. This means that the persons signing the contract must have been of sound mind and able to understand what they were agreeing to. The contract may be void if there was evidence that the contract was induced by unlawful actions or threats or information was deliberately withheld from another party. To understand more about enforcing business agreements, reach out to a San Diego contract law attorney at Purdy & Bailey, LLP
Turn to Trusted San Diego Contract Lawyers
At Purdy & Bailey, LLP, we have had years of experience writing, analyzing, and drafting business contracts. After taking the time to understand your business, our lawyers can advise you of what language and clauses are best suited for your employment contracts and draft accordingly. We can provide the legal advice you need and can trust!
Business contracts are the backbone of enterprises and working relationships. As such, they need to be able to stand the rigors of scrutiny that can come with breach of contract claims. Purdy & Bailey, LLP understands the requirements of an enforceable contract and how to integrate those elements into your business model effectively.