What are the risks of a downloaded contract? Why is it important to work with the contract law attorneys at the Watkins Firm to review, negotiate and custom-tailor the contracts for my company?
The Benefit of the Doubt Goes Against The Creator of the Contract
One of the central purposes for a contract is to prevent disputes and to provide a specific path to resolve any disagreement which might arise quickly and in a cost-efficient manner. The contract is like a roadmap which guides the parties through the transaction or relationship at hand. An effective contract should identify and anticipate any challenges which might arise and provide specific strategies to address those situations.
What happens when a dispute arises? If you are in business it’s not a matter of “if,” it’s a matter of “when” you will become involved in a dispute. California law establishes the benefit of the doubt goes against the creator of the contract. The specific structure and language of the contract is what protects you and your company throughout the life of any contract. The clearer, more concise and accurate the language, the more likely you are to achieve a successful outcome. The risks of a downloaded contract or contracts which are developed by the parties themselves is they often contain legal holes the size of dump trucks, or vagaries which are like a heavy fog – it is unclear to the parties and to the Judge what the intent or actual agreement between the parties may have been.
The Essence of Negotiation and the Contract Itself
Many individuals, and even business professionals ask themselves why they should invest in our contract services when they believe they can do it themselves. Some are concerned simply about the cost, while others are more aware of the nature of relationships involved – they don’t want some outside party or lawyer changing the positive atmosphere surrounding the impending deal.
As business and contract attorneys with decades of experience serving San Diego and the Southern California, we are always cognizant of the unique sensitivities of each transaction and the parties involved in it. The Watkins Firm is a positive force in the transaction working to protect our client’s interests while fostering the “atmosphere of the deal.” We won’t come in with a heavy hand and throw a wrench in the deal by imposing heavy terms or some other legal nonsense. We foster the excitement, energy and optimism behind the potential which will be achieved through contract negotiations.
The primary reason you need a well constructed written contract is to ensure that your intentions and agreements are fulfilled, and that the bargain results in a successfully completed transaction. Contracts simply clarify the agreements between the parties, and identify specific relief in the event that one of them is unable to hold up their end of the bargain. An effective agreement helps to capture the responsibilities of each party, as well as the “deliverables” and the timeframes associated with a successful outcome. Our goal is to be a positive voice in the negotiations, and to protect our client’s interests while supporting their efforts to build their business and increase profitability.
The Risk of a Downloaded Contract Versus Tailoring an Existing, Proven Business Contract
It may surprise you to learn the Watkins Firm doesn’t create contracts from scratch. This would be far to expensive and wastes the time of all parties involved, including ours.
The Watkins Firm has developed an extensive library of contracts over the years which are battle tested and proven to be successful. These contracts are kept up-to-date based upon any changes in federal, state or local laws and ordinances. After more than 40 years in business the odds that we have worked in a similar (or exactly the same) vertical market and type of transaction is quite high. We simply take one of our existing, proven contracts and tailor it to meet the specifics of your unique situation.
The Watkins Firm understands the perceived value of a downloaded contract. However, California has very specific oddities and legal terms which must be properly structured. Why assume the substantial risk of a downloaded contract versus tailoring an existing, proven business contract?
It won’t cost you a cent to discuss the contract(s) you need and how the Watkins Firm may be able to help. We invite you to review our podcast, Episode 15 – Contract Law, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Effective business contracts are simply one element of the important relationship the contract law and business attorneys at the Watkins Firm shares with our clients. Your business attorney should be one of the most valuable business partners you have.
