Fort Myers Business Contract Attorney
Contracts are a key factor in the growth and continued development of a business. Some might even say they are the metaphorical foundation on which a business is built. However, crucial as they are, contracts can also cause problems when a party does not follow through on the terms of the agreement. When faced with a defective contract or breach of contract situation, some businesses may simply choose to cut their losses and move on. Others, however, may be inclined to take action by obtaining the assistance of an experienced Florida business contract lawyer to evaluate the issue and determine the best strategies to preserve and enforce the contracts at hand.
At McIntyre & Bermudez, PLLC, our attorneys are familiar with both the legal and business ramifications of contracts as a whole, as well as the many sections, terms, and conditions that make up the agreement. Give us a call at 239.935.8426 to see how our Fort Myers business legal services might be of assistance to you and your business.
Florida Contract Law
Understanding contract law is a crucial element to successful business operations. Complex contracts are often are used in everything from real estate deals to vendor agreements, and they work to establish trust between business entities, their partners, and their consumers. Without a well-written contract that clearly outlines the terms of the agreement and legally binds them to their word, it may be difficult, if not impossible, to compel the other party to adhere to the initial agreement.
It is equally important to understand all of the terms of a proposed contract and to ensure that the agreement is properly outlined. Not every contract is created with the best interests of the transaction in mind, but rather to give one side an edge over the other. Many times, contracts are poorly drafted and lack appropriate safeguards due to unclear and ambiguous language. You may also encounter contracts with outdated language that has changed since the document was created. That is where a business contract lawyer comes in. Your attorney can help you in all aspects of the contract process, from drafting a contract, to reviewing the terms and language, to negotiations, to even breach of contract lawsuits.
What is a Business Contract?
A business contract is a legally enforceable agreement between two or more parties typically regarding the purchase and sale of products, services, corporate share, and sometimes even real estate. In forming your business and managing it day to day, most business owners need to have contracts in place to document the agreements they make. These contracts must specify the conditions of the agreements, such as when a project must be completed, what items must be supplied, and when payment for products or services is due.
A well-written contract should spell out the whole agreement’s terms, including specific inclusions and exclusions of things covered, timelines, and ownership and usage obligations. Failure on one party or the other to fulfill their duties in respecting the contract conditions can lead to disputes and other legal issues that may require the help of a business contract lawyer.
Types of Business Contracts
There are many different types of contracts that a business owner must consider. Most of these contracts, however, can be divided into three main categories: employment, general business, and sales-related contracts. Below, we’ll provide some examples of common business contracts within each of these three categories.
- General Employment Contracts – outlines the terms of your relationship with your employee, including their tenure, salary, benefits, reasonable causes for termination, and any other employment matters that may be unique to your company.
- Independent Contractor Agreements – an agreement that spells out the terms and conditions of a limited relationship wherein someone performs a specific service or undertakes a project for your business.
- Noncompete Agreements – establishes a period of time in which an employee cannot compete against your business after he or she leaves the company.
General Business Contracts
- Nondisclosure Agreements – holds outside parties accountable for disclosing proprietary or confidential information regarding your business.
- Indemnity Agreements – works to prevent potential lawsuits by establishing that one party is not to be held accountable in the event of a specific situation or occurrence.
- Partnership Agreements – establishes the relationship between business partners and what their role is in regards to the company (i.e. individual obligations, financial responsibilities, contributions to the business, etc.).
- Property and Equipment Lease – important for detailing the terms and conditions for a lease on either a building, property, or piece of equipment (i.e. deposits, monthly renter payments, maintenance agreements, fleet vehicle leases, etc.).
- Bill of Sale – a hybrid legal document that conveys title to a piece of property and acts as proof that the conditions of the transaction were agreed upon legally.
- Purchase Orders – an agreement that legally binds a business owner to purchase an item (or multiple items) at a predetermined price and outlines the delivery dates and payment conditions.
- Security Agreements – a contract that secures a loan by promising property or assets as collateral in the event of a default.
What is a Contract Attorney?
A lawyer who provides legal advice on business contracts and is experienced in this field may be referred to as a “contract attorney” or “business contract lawyer.” These lawyers are well-versed in the ins and outs of business contracts, as well as the many laws in place that regulate them. In general, business contract attorneys will analyze, negotiate, or draft legal agreements in accordance with state laws and their client’s demands. In addition, they may also step in as your Florida business litigation attorney for any contract disputes that may arise.
What Does a Contract Attorney Do?
A contract lawyer has many different duties. For one, they will thoroughly analyze the terms of the contract and “interpret” it in simple English, as opposed to the difficult technical jargon contracts are often written with. They also search for provisions that are unfair to your company or impose an undue cost on you, explain questionable clauses to you, and provide suggestions on how to change them.
In addition to reviewing and interpreting contracts, your attorney can also help you draft them. They will ensure your interests remain protected as well as ensuring that the contracts you sign correctly represent your knowledge of the arrangement and guarantee that essential elements are not overlooked. It can also give you the confidence that your contract will be legally enforceable in a court of law.
Business contract attorneys can also assist in negotiating the best deal possible. They know how to negotiate an arrangement that helps you achieve your business goals while limiting your exposure should the deal fall through.
Finally, a contract lawyer can quickly handle potential contract disputes. This frequently entails making demands and negotiating a compromise that both parties can agree upon. If a settlement cannot be reached, however, a contract lawyer may be required to bring a breach of contract lawsuit. Litigation is a tool often used to address disputes that cannot be resolved through negotiations and/or mediation. If an agreement cannot be reached during the litigation process, our team of experienced Fort Myers corporate law attorneys can present your case before a court.
Do You Need a Business Contract Attorney?
Having an experienced business contract lawyer on your side can prevent your company from being taken advantage of while also giving you a competitive advantage. The best approach to ensuring you have a legitimate and inclusive contract is to consult with a Florida business contract lawyer as early as possible in the process. A contract lawyer can ensure that all of the elements of a valid contract are included, as well as that the contract is in the proper format and complies with the laws in place within your area.
Call McIntyre & Bermudez, PLLC for Assistance with Your Business Contracts Today
At McIntyre & Bermudez, PLLC, we pride ourselves on our ability to provide individualized, personal attention to every case we take on. Our Fort Myers business legal attorneys understand state business laws and regulations and can assist you in whatever legal matter you encounter. When it comes to the security and overall well-being of your business, our firm has the legal experience you need. To schedule a consultation, give us a call at 239.935.8426 or fill out our online intake form today.