Contract negotiation and drafting often includes structuring real estate deals, business agreements, or settlements. In structuring a deal, we try to protect our clients, maximize our clients’ returns, and help our clients’ create viable relationships going forward. Having an attorney involved as deals are set up may prevent the deal from turning south and resulting in costly litigation later.
COMMON CONTRACT NEGOTIATION AND DRAFTING ISSUES
HANDLING CONTRACT NEGOTIATION AND DRAFTING ISSUES
One of the main issues in putting together a deal is determining whether each provision will be enforceable. At the time of drafting, an attorney with substantial experience litigating the enforceability of contracts is best-suited to gauge whether a contract will be enforceable.
An attorney with substantial litigation experience also has the benefit of having handled numerous situations in which contractual relationships fell apart. Based on that experience, he is able to foresee many of the potential pitfalls in a contract.
This experience also allows an attorney to know what provisions he likes to have in place to help his client if litigation becomes necessary later.
Whenever a contract is drafted, our attorneys look at each provision and ask what protections are in place in the event that the provision is breached. They also look at whether the deal will protect our clients’ prosperity going forward. In this process, we want to make sure that we encourage, not impede, getting a proper deal structured.
After reviewing each provision, we advise our clients of their available options and risks. Our clients are then in the position to make informed decisions about how they would like their deals structured.