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Carefully drafted contracts are crucial for business success

On Behalf of | Mar 21, 2018 | Uncategorized

Here at Mills Shirley LLP with offices in Galveston and Houston, Texas, we advise business clients from many different industries and of all sizes, from individual businesspeople to large companies. One of our most important services to our commercial clients is to see that their business contracts are appropriately and solidly written to meet their unique needs. 

Ways legal counsel can help with contracts 

Contracts are one of the key components of a successful business. We look out for our clients’ best interests when: 

  • Drafting agreements
  • Reviewing contracts drafted and proposed by other parties
  • Reviewing existing agreements
  • Negotiating the terms of contracts as well as later modifications or addendums
  • Facilitating proper contract execution or signing
  • Representing our clients’ interests should the parties choose to go to arbitration or mediation to resolve contract disputes
  • Litigating contract disputes in court, whether against those breaching contracts or defending our clients accused of breach, or involving issues of contract interpretation or validity

Wide variety of contract types 

Our clients may require many different kinds of agreements such as: 

  • Sales and purchase agreements
  • Employment contracts
  • Construction contracts
  • Licensing agreements
  • Shareholder and partnership agreements
  • Buy-sell agreements
  • Customized contracts to meet unique needs
  • Confidentiality agreements
  • Service contracts
  • Manufacturing contracts
  • Distribution agreements
  • Shipping contracts
  • And more 

Contract goals 

We work to see that our clients enter into contracts that are: 

  • Valid and enforceable
  • Thorough in planning for future contingencies and in covering every important aspect of the particular deal
  • Written with clear, exacting, unambiguous language with terms defined in the contract when necessary to clarify the bargain reached, including the duties of each and what will happen if either party strays from the contractual provisions
  • Constructed to minimize financial risk
  • Clear on how and when agreements will end or on how parties can terminate them 

Even if the party with which our client is doing business and our client are on good terms, it is smart to memorialize an agreement with a solid contract. As the relationship progresses, having a comprehensive agreement in place will minimize conflict, direct how interaction between the parties must proceed and protect our client’s interests should the relationship break down. 

Potential components 

Some of the contract terms to consider: 

  • ADR clause: the parties may agree to an “alternative dispute resolution” method like arbitration or mediation that the parties would use in case of a disagreement, either before or instead of going to court
  • Choice-of-law provision: the parties may agree on which state’s laws will apply to the agreement
  • Attorneys fees: the parties may agree on the circumstances that would make either of them responsible for the legal fees of the other
  • Confidentiality clauses: it may be important to keep certain aspects of the agreement or of our client’s business confidential
  • And others 

If you are in the early stages of a new business or well into your commercial enterprise, be sure to enter into a professional relationship with an experienced business lawyer so that your contracts are secure and thorough and so that you are protected in case of future commercial disagreements.