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The Biggest Mistakes Businesses Make When Drafting Contracts (And How to Avoid Them)

by James Greene on Jun 28, 2024
The Biggest Mistakes Businesses Make When Drafting Contracts (And How to Avoid Them)

Contracts are the foundation of any successful business relationship. They spell out expectations, obligations, and protections for all parties involved. But a poorly drafted contract can cause more problems than it solves. Here's a breakdown of some common mistakes businesses make when drafting contracts, and how to steer clear of them:

 

Mistake #1: Lack of Clarity and Specificity

Vague language is a recipe for disaster. Your contract should be clear, concise, and easy to understand for everyone involved. Avoid legalese and overly complex sentence structures. Be specific about deliverables, timelines, payment terms, and termination clauses.

How to Avoid It: Use plain language and define any technical terms within the contract itself. Outline specific details like quantities, deadlines, and payment methods.

 

Mistake #2: Forgetting Key Provisions

An incomplete contract leaves room for misinterpretations and potential legal issues.

How to Avoid It: Ensure your contract covers essential elements like:

  • Scope of Work: Clearly define the services or products being provided.
  • Deliverables and Deadlines: Specify what needs to be delivered and by when.
  • Payment Terms: Outline payment methods, amounts, and due dates.
  • Confidentiality: Protect sensitive information with a Non-Disclosure Agreement (NDA).
  • Termination Clauses: Establish clear guidelines for how the contract can be terminated by either party.

 

Mistake #3: DIY Drafting Without Legal Expertise

While contract templates can be a helpful starting point, legal complexities can arise. Relying solely on a generic template without considering the specifics of your situation might leave you vulnerable.

How to Avoid It: Consider consulting with a lawyer, especially for high-value contracts or those involving complex legal matters. A lawyer can review your contract, ensure it complies with relevant laws, and tailor it to your specific needs.

 

Mistake #4: Not Negotiating or Failing to Get Everything in Writing

Don't shy away from negotiation! A good contract reflects a fair agreement between both parties. Additionally, verbal agreements can be easily disputed.

How to Avoid It: Clearly communicate your expectations and negotiate terms that benefit both parties. Get everything in writing, including any amendments or changes made during negotiations.

 

Mistake #5: Ignoring Updates and Revisions

The business world is constantly evolving. Contracts drafted years ago might not reflect current legal realities or your business needs.

How to Avoid It: Regularly review your contracts to ensure they remain up-to-date with any changes in laws or your business operations. Don't hesitate to revisit and revise contracts as needed.

 

Business Legal Hub: Your Partner in Building Strong Contracts

By avoiding these common mistakes, you can ensure your contracts are clear, comprehensive, and protect your business interests. Business Legal Hub offers a wide range of attorney-drafted contract templates designed to address your specific business needs. These templates provide a strong foundation for your contracts, saving you time and ensuring you have the essential legal framework in place for success.

 

Visit Business Legal Hub today to browse our selection of contract templates and build stronger business relationships!

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