There’s a lot more to contracts than just the words on the page. I take special care with every contract I write. However, I realize I don’t have a lot of articles explaining much of my process. Therefore, I’m starting a deeper dive into contracts series of articles where we explore how I develop my […]
Service Contracts are Iterative
A standard service contract is meant to be iterative in nature. They are as long lasting as your business, and they should change when appropriate to do so. The goal, when writing a service contract, is to cover as any scenarios and pitfalls as possible up front. However, you can’t always catch everything. Often times, […]
What Does Law++ Do With Contracts?
What Does Law++ Do With Contracts? As part of an effort to help our community understand what we’re about, we’re answering this question. I spend more time on contracts than non-contract related activities in the firm. That’s probably because contracts encompass so many other areas of law. Mergers and Acquisitions, real estate, employment, and of […]
What is Breach of Contract?
What is breach of contract? Breach of contract is the cause of action that arises when one party fails to perform under a contract. That’s too legalese. If one party doesn’t do what they’re supposed to in a contract, they’ve breached that contract. However, it is not always that simple. What is a contract? Contracts […]
Contract Enforcement and Retention
Contract enforcement is an unfortunately necessary focus when entering into business. What is a Contract? A contract is a written or oral agreement between two or more persons or entities to exchange consideration. You can learn more about contracts in our earlier blog. What Does Contract Enforcement Look Like? There are a wide […]
Dispute Resolution Provision Review
It is important to regularly review your dispute resolution provision to ensure it still meets your needs. What is a Dispute Resolution Provision? This provision exists solely to make resolving breaches of contract easier. They come in all shapes and sizes. Choice of Law We discuss choice of law in another blog. You […]
Loopholes are Red Flags
Loopholes are errors in contracts that allows one or more parties to exploit them to create an unintended consequence. Conversely, when you take advantage of the law, that is not a loophole. The difference requires a mistake in the drafting. You need an unintended consequence. Examples of Loopholes I once reviewed a contract that […]
Clauses to Add to Your Service Contract Right Now
If you have a service contract, you must have these clauses. Obviously, you include your price and service terms. These add extra protection to you. Additionally, all contracts need the essential elements of every contract. What is a Service Contract? A service contract is a contract that deals with the exchange of the labor […]
Updating Contracts Within Your Organization
Updating contracts is important. It is an ongoing task your company should be sure to pay attention to. What is a Contract? A contract is a legal instrument where two or more people or entities agree to exchange something or service of value. You can find more on what a contract is here. Contracts have […]
Sample Severability Clause
A Severability Clause is part of the boilerplate provisions you find in many contracts. It essentially asks the court interpreting the contract to ignore just the unenforceable portions of the contract. Absent this provision, a court may choose to throw out the entire contract if there are any issues. Simple Severability Clause If any provision […]
Unenforceable Provisions in a Contract
Contracts often have unenforceable provisions in them. Therefore, not every provision is binding. In our previous blog, we talked about what makes a contract. In this blog, we discuss these exclusions. Court Interpretation When we say something is excluded from a contract, we mean a court has reviewed the contract language and decided that […]
Sample Merger Clause
A Merger Clause (AKA “integration” or “entire agreement” clause) is a boilerplate portions of many contracts. They define the scope of the interpretation of a contract. Therefore, they can be incredibly useful clauses for protecting yourself! Merger Clause Benefits The length of your document becomes the downside of these clauses. The more words, the more […]