Contract Drafting and Disputes
One of the most important freedoms recognized by the law is the freedom to contract. Parties are generally free to agree to anything that is not illegal or against public policy, and then to rely on the courts of law to enforce those agreements. Contracts are one of the easiest ways to outline expectations between partners, limited liability members, shareholders and joint venturers. Whether these are bylaws, membership regulations, partnership agreements, buy-sell agreements, voting agreements or a joint venture agreement, we can assist you in governing your entity and your business. However, a contract can easily become a trap for the uninformed. A long history of contract interpretation by the courts and a whole universe of laws passed by the state and federal legislatures can impact the effect of a contract even if one or more of the parties to a contract are unaware of their existence.
Business owners must have an attorney draft contracts and review and revise existing contracts on a regular basis. Rules, laws and regulations periodically change, so contracts should be current with any and all legal trends. Many business owners believe that contracts found online provide the protection they need to insulate them from liability. However, every business operation is unique with specific risks, liabilities and goals that boilerplate language found from online contracts may not address or cover. It is always advisable to seek legal assistance from a business contract attorney to carefully draft an agreement or document that specifically addresses your business’s needs, goals and potential liability.
The Spencer Law Firm oversees all types of contracts and agreements concerning financial exchanges as well as general business needs involving mergers and acquisitions, private and public securities sales and other divestitures, capital formation, partnership, corporate and closely held company ownership agreements, voting agreements, trusts, succession planning, trademark, copyright, patents and other intellectual property law, master services agreements, supply and distribution, construction, employment agreements, termination packages, real estate transactions, licensing and trademarks, general compliance matters, and any contract or agreement our clients’ business needs.
Oftentimes one party of a contract fails to uphold his end of the bargain which may or may not result in litigation. Breach of contract is actionable under common law and the Uniform Commercial Code, which provide scenarios for damaged parties to receive rescission, restitution, equitable remedy, the recovery of actual damages or recovery equal to the benefit of the bargain, and recovery of expenses made in reliance upon the contract. In a breach of contract claim, attorney’s fees may be awarded.
When a contract dispute arises, the Spencer Law Firm considers the needs and goals of each client in a contract dispute and ultimately will resolve the dispute to our client’s satisfaction. Sometimes the contract dispute can be resolved by negotiating new terms, a simple demand letter, mediation, arbitration or, as a last resort, through litigation. We will work within the goals of our client to resolve any and all disputes as efficiently and as quickly as possible so that our clients can get back to business.
Our firm provides the insight, experience and skills to assist businesses of all sizes in business contract review, negotiation and drafting. We will work tirelessly to help our clients find business solutions and opportunities across all industries. Please give us a call for a free consultation at 713-568-9008.