Contracts and Agreements

Have you ever carefully considered why you should have a carefully drafted written contract? In most cases, the main benefit of a carefully drafted contract will become readily apparent when a problem arises. "Let's see what the contract says," is the usual comment in a dispute. Until then, the contract may have sat in a file.

When a dispute arises, having a contract that is clear and unambiguous and addresses the specific problem may keep a dispute from escalating. Anything that helps the parties resolve a dispute without litigation is well worth it.

If the dispute cannot be resolved and a law suit unfortunately ensues, a well-drafted contract can continue to benefit the parties. First, if the contract language is clear and unambigous in the eyes (and the often peculiar language) of judges and lawyers, the dispute could be resolved in a more streamlined fashion. Second, if the contract comprehensively addressed various likely issues and problems, less time might be taken to resolve the issue. For example, including terms that are often referred to as "boilerplate" might serve the important purpose of keeping the parties from arguing over things that are not directly related to the dispute at hand, such as: what state's law will be used to interpret this contract? or does this court have jurisdiction to hear this suit about this contract?

Some agreements must be in writing to be valid at all. For example, in Utah and most states, contracts involving a sale of goods of more than $500 must be in writing to be legally binding.

Our firm has experience preparing and/or reviewing many types of contracts. We would enjoy assisting you.

For more information about the entire range of our contract and business law services, click here.

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The material on this web site is for general information only and does not contain a full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The viewing of this web site and the material contained herein does not create an attorney-client relationship with this Law Firm. Gregg K. Stepan is admitted to practice law in Utah and the District of Columbia. Christopher F. Lewis, Isaac D. Paxman, and Richard N. Barnes are admitted to practice law in Utah.