Do I Need an Attorney to Form a Commercial Contract?

Why Legal Validity Is Essential to Construction Contracts

Contracts play a central role in the construction industry. A legitimate, correctly-formulated contract can provide clarity when business disputes arise or when another party fails to uphold their end of a deal. On the other hand, when a contract is unclear, unofficial, or is written in a way that leaves more questions than answers, it can be harmful to your business and costly for you in terms of time and money.

Having a viable contract also allows you to take legal action against another party or business if they violate the terms of your agreement. If your contract is unofficial, based merely on mutual understanding, or written without the help of a construction litigation attorney, you can end up in a tight spot and risk hurting your business or being forced into a contentious legal battle.

How to Create a Legally Viable (and Enforceable) Contract

Fortunately for business owners and construction contractors, legal jargon is nonessential when it comes to creating an enforceable contract. However, there are a few things that you should do in order for your construction contract to be valid and protect yourself in the event of a dispute:

  • Come to an agreement with the other party on all major points. This one probably seems like a no-brainer. However, fleshing out and agreeing upon the minutiae of your contract, offer, or agreement can help you ensure both parties understand what they are getting into.
  • Get it all in writing. While a contract does not by definition have to involve pen and paper, it is always preferable to put the details of your agreement in writing. Verbal agreements and accepted offers may legally amount to an oral contract agreement, but it never hurts to get the explicit details of your offer or agreement cemented in writing.
  • Bring in an experienced construction litigation lawyerEven if your contract turns out to be fairly simple, you protect yourself against entering into a contract that is not mutually beneficial. Working with an attorney also allows you to familiarize yourself with your options in case of a contract breach or conflict.
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