A commercial or business contract structure impacts the likelihood of litigation. Too many disputes and lawsuits in San Diego are the result of forms that are downloaded from “legal” sites which the user attempts to modify to fit their transaction or relationship. The genuine challenge for these situations, and why many of them wind up in an expensive and drawn out business litigation, is the complexity of California commercial code. Boilerplates – the types of contract you download from a website or copy off of the internet – are simply a starting point, a frame work. These contracts do not fill in many of the details and contingencies required to guide the parties through the transaction or relationship.
Worse, when a dispute or lawsuit develops, the contract itself is the starting point for the Judge, mediator or arbitrator. When contracts are filled with vague verbiage or important concepts are absent altogether the judge must piece it together in the aftermath. This requires extensive and expensive litigation while attorneys from both sides hash out their client’s point of view, their perception of the understandings that underpinned the agreement, and their interpretations of existing or non-existing content within the contract itself.
A well crafted business contract structure impacts the likelihood of litigation by removing all doubt. It clearly establishes the role of each party, their responsibilities under the agreement, the benefit of the bargain, all of the contingencies that might arise and how they will be resolved. Business contracts developed by the experienced contract attorneys at the Watkins Firm leave little room for interpretation or dispute – reducing the likelihood of litigation and ensuring a successful outcome in business transactions and relationships.
Start-ups often attempt to minimize costs by using do-it-yourself contracts. If you are an established business or if you wish to get your company off on a successful path to growth and success you should never attempt to construct your own contracts. We invite you to contact us for a free consultation at 858-535-1511.