When your company, partnership or corporation needs to prepare a contract or other legally binding legal document, work with an experienced lawyer from The Jayson Law Group LLC. Contract drafting is a highly technical process in which one wants to ensure that terms are clear and that the document satisfies all legal requirements. Every contract and business transaction is unique and requires its own meticulous due diligence and legal research. After a consultation where we learn your needs, concerns and requirements a lawyer from The Jayson Law Group LLC can include the requisite elements and clauses whether it be a force majeure clause or another type of indemnity provisions to help your company avert or prevailing should commercial litigation arise .
Experienced Contractual Review and Drafting for your Business
Meticulous contractual drafting that anticipates foreseeable issues and concerns can save your business money in the long-run as opposed to a wait-and-see approach. To begin with, there are many types of contracts — some types which may be more suited for particular goals or purposes. While the following presents a big-picture overview of some of the concerns we may address, it is not a comprehensive analysis nor is it responsive to your particular business needs or situation. However our attorneys may utilize a number of contractual forms including:
- Fixed price contracts – A fixed price contract is the classic contract type that is commonly utilized when costs are known or knowable at the outset. A variation of this contract type includes fixed price contracts with prospective and/or retroactive price determinations. The prospective version may establish an initial price that may be recalculated for subsequent dealings or shipments. The retroactive variety may establish a maximum price.
- Cost contracts – When uncertainties make a fixed price contract impractical, a cost contract may provide an alternative basis.
- Incentive contracts – When your business partner’s performance is paramount, certain behaviors can be encourage or discouraged by careful contractual drafting and negotiation. Areas that can typically be incentivized effectively include delivery date, production costs, and production quantity.
- Time and materials contracts – Contracts of this type are often employed when the scope of the work is yet to be determined or otherwise not known. Monitoring for compliance can be especially noteworthy in a contract of this type.
There are many other types and forms of contracts that can be utilized depending on your business needs and goals. A The Jayson Law Group LLC attorney can guide your business through the drafting and negotiation process.
Attorneys work to Enforce Contracts for your Business
While most businesses take all steps to uphold their end of a business agreement or contract, sometimes other considerations may take precedence. However, you company may depend on that particular provision or contractual performance. If you wish to attempt to enforce a contract, then a The Jayson Law Group LLC attorney can draft and dispatch demand letters informing the other party of your concerns and intent to litigate if the matter is not resolved to your satisfaction. If one or more demand letters are ineffective at encouraging an agreement, then a lawyer may need to file a breach of contract lawsuit in the New Jersey Superior Court, the New Jersey Special Civil Part or the Federal courts. Generally speaking, bringing a contractual dispute to the attention of an attorney early in the process provides for greater flexibility in solutions to your dispute.
Lawyers Handle Contractual Disputes and Breach of Contract
While many good-faith business disputes can be worked-out or addressed through negotiation and compromise, some must be litigated. However litigating without understand the potential outcomes, scenarios, and interests that may be impacted is foolhardy and may endanger your company’s continued survival.
Perhaps you are not sure which types of damages that you are entitled to receive or liable for under a contract. While the rights and obligations created by each contract are unique, there are certain classes of damages that are typically available when there is a breach. These can include:
- Consequential damages – Those damages which are the foreseeable product of the breach can be ordered to be paid by the breaching party. Damages of this type can include costs for seeking a replacement, lost sales, and other foreseeable harms. Consequential damages often make-up the majority of an award.
- Nominal damages – If there is a breach but no, or little, harm, the court may award nominal damages.
- Punitive damages – In situations where there may have been willful or wanton conduct, the court may send a message by punishing the bad actor with punitive damages.
- Liquidated damages – Some contracts may provide for damages in the contract itself. These damages may be required to be paid upon breach or as per the terms contained in the contract.
An experienced business lawyer can help you understand the full extent of your legal rights and obligations.
Put our Contractual Experience to work for your Business
An experienced business attorney from The Jayson Law Group LLC can help you whether your company is entering a new business relationship, dealing with a breach of contract, or embroiled in ongoing litigation. To schedule your company’s free and confidential initial consultation call The Jayson Law Group LLC at 908-258-0621 or contact us online.