Experienced California Contract Law Attorneys
Contracts are one of the most basic legal structures that make it possible for people to form dependable business relationships, conduct business transactions and obtain reliable property rights. When they are well crafted they create a solid agreement and process for the parties which leads to a successful outcome.
When they are boilerplate download forms or previous contracts which have been edited by the parties they become the source of a high volume of litigation forcing a judge or independent arbiter to determine the intent of the parties and the genuine “benefit of the bargain” each expected.
At the Watkins Firm, we carefully craft and negotiate effective contracts which are designed to support our client’s goals and objectives. When a dispute arises, we vigorously protect our client’s rights in contract litigation.
To schedule a free, no-obligation consultation, contact us today or call us at our offices in San Diego at 858-535-1511.
What is a Contract?
Contracts are the basis of most transactions, business relationships and legal issues, but what exactly is a contract? A contract is an agreement between persons, parties or entities that consists of an “offer”, “acceptance” of the offer, and “consideration” to the “offeror”.
The offeror extends an offer to do something which usually includes a clear description of what is being offered, where and when the transaction is to take place, and what will be exchanged between the parties.
General contract law requires that the offer is accepted without modification, and that “consideration” is given to the offeror in return for their commitment to fulfill the terms of the offer.
Contracts which involve the sale of “goods” (versus the sale of services or real estate for example) are governed by separate laws that fall under the Uniform Commercial Code or UCC. If the value of the goods to be exchanged exceeds $500 in value, the agreement must be in writing in order to be enforceable.
Contract laws and the Uniform Commercial Code are quite complex, and in general these statutes cover how contracts are to be structured, the responsibilities of the parties (usually the “buyer” and the “seller”), the rules that will govern the performance of the contract, as well as provision for what constitutes a “breach of contract” and the remedies available to the parties when a contract is in breach.
How can you ensure your contract(s) fulfill all of the requirements of Federal commercial codes and California’s complex business and commercial laws?
Avoid the risks of downloaded incomplete and non-California compliant forms or modifying your own agreements and contact the experienced contract attorneys at the Watkins Firm or call us today for a complimentary and substantive consultation at 858-535-1511 prior to entering into any agreement of substance or importance.
San Diego Breach of Contract Attorney
One of the most common challenges a San Diego business will face is a breach of contract. What happens when you are the party who has suffered the breach? What actions should you take to protect your business objectives and legal position and mitigate the damages?
The Watkins Firm has decades of experience in breach of contract cases and will help you to negotiate an effective “work-around” or resolution.
Pursuing Your Goals Through Contract Drafting and Negotiation
When you are entering into a contract, it is important to be sure that it accomplishes your goals to the greatest extent possible. This not only means candid (and sometimes tough) negotiations with the other party. It means carefully crafting an agreement which can be legally enforced if necessary while not burdening your position with excess liability.
California’s commercial and business laws are the most complex in the nation. Downloaded contracts from form websites or modifying a contract you used previously opens you a substantial amount of risk and the genuine likelihood of litigation.
What Types of Contracts Can the Watkins Firm Provide and Help to Enforce?
Business Formation and Operational Contracts
- Business Contracts
- Commercial Lease Negotiation and Review Attorneys
- Commercial Lease Negotiation and Review Attorneys
- Licensing and Distribution in San Diego
- LLC Operating Agreement
- Partnership Agreement
- Partnership or LLC Buy-Sell Agreement
- Questions to Ask Your Business Partner Before You Sign Papers to Start Your Business in San Diego
- Commercial and Residential Real Estate Contracts
- San Diego Asset Purchase Contracts
- San Diego Business Contracts Between a Company and Their Customers
- San Diego Buy – Sell Agreements
- Shareholder Agreements and Corporate Bylaws
- Stock Purchase Agreements
- Supply and Distribution Contracts
Contracts Associated With Employment
- Employment Contracts
- California Physician Employment Contracts
- Executive Disputes and Executive Severance Agreements
- Independent Contractor Agreement
- Non-Compete Agreements or Confidentiality Agreements Based Upon Misappropriation of Trade Secrets
Breach of Contract
A breach of contract occurs when either or both of the parties to a contract fail to live up to their commitments and therefore the parties cannot achieve the “benefit of the bargain.”
- Breach of Contract
- Defending Allegations of a Breach of Contract
- Mitigating the Damages in a Breach of Contract
- Failure to Pay
- Failure to Perform on a Contract or Poor Workmanship
Experienced San Diego Contract Attorneys
We are familiar with the applicable provisions of California contract law, as well as federal laws that can have an impact on contractual relationships. We are experienced at drafting many different types of contracts, including those involving contracts between individuals.
Holding Other Parties to the Contract
The interpretation of contracts is one of the most commonly disputed legal issues. If you have a contract dispute with another business or individual, it is important to consult a lawyer who is prepared to take a unique approach specifically designed to achieve a positive result in any dispute or litigation (or, if required by the contract, alternative dispute resolution such as mediation or arbitration).
Contact an Experienced San Diego Contract or Contract Dispute Attorney
Because we also draft and negotiate contracts, we have a great deal of insight in the resolution of disputes and enforcement of contractual agreements.
To set up a free, no-obligation consultation with one of our knowledgeable San Diego business lawyers, call us at 858-535-1511 or contact us online.
What is the benefit of a well crafted business contract?
A well crafted business contract clearly establishes the responsibility of each party, anticipates all that might go wrong, while establishing a successful path to completion.
Why won't a downloaded contract work?
Downloaded forms and contract are boilerplate. California business and corporate law is uniquely complex. Download forms do not provide for the intricate issues of California law.
How do Watkins Firm Contract Lawyers add value?
A boilerplate contract saves money. However, each has dozens of clauses with options. Our experienced, cost-effective contract attorneys provide sound counsel to tailor each clause and contract for our client's maximum benefit.
Why do you need a well crafted contract?
A well crafted contract prevents disputes before they ever arise and guide the parties to a successful conclusion. Downloaded or self-modified contracts open the door to expensive and time consuming litigation.