Practical Tips for Drafting Stronger Agreements
In the world of business, a well-drafted contract is your first—and often best—line of defense against costly and time-consuming litigation. At Frisella Law Firm, we’ve spent over 20 years representing clients in contract disputes across all 50 states. And time and again, we see the same issue: preventable legal battles stemming from weak or vague contract language.
Here are key steps your business can take to improve its contracts and reduce the risk of future litigation.
1. Be Clear and Specific
Vagueness is the enemy of enforceability. Clearly define all terms, responsibilities, deadlines, payment structures, and deliverables. Avoid relying on industry jargon or assumptions—what’s obvious to one party may be interpreted very differently by another.
Tip: Spell out what happens if deadlines are missed, payments are late, or either party wants to terminate the agreement.
2. Define Dispute Resolution Procedures
Include a dedicated section outlining how disputes will be handled. Will you use mediation or arbitration before going to court? Which state’s laws will govern the agreement? Which court has jurisdiction?
Tip: A simple dispute resolution clause can help you avoid lengthy jurisdictional fights down the road.
3. Outline Remedies for Breach
Don’t just say what’s expected—explain what happens if a party fails to uphold their end of the deal. This may include termination rights, liquidated damages, or the ability to seek attorney’s fees.
Tip: Pre-defining remedies can help you resolve breaches faster and more affordably.
4. Include Force Majeure Clauses
2020 taught every business owner the importance of planning for the unexpected. A solid force majeure clause can protect both parties if events outside their control (like natural disasters or government shutdowns) prevent performance.
Tip: Be specific about what qualifies as a force majeure event and how long performance can be delayed.
5. Get It in Writing—Every Time
Oral contracts are legally binding in many cases, but they’re extremely difficult to enforce. Always put agreements in writing, no matter how simple or “friendly” the arrangement may seem.
Tip: While emails and texts can create a contract (even accidentally), they are no substitute for a properly executed, signed contract.
6. Use Custom Contracts—Not Generic Templates
Online templates can be helpful starting points, but they’re rarely tailored to your specific situation. Generic contracts often lack the details needed to protect your interests or comply with state-specific laws.
At Frisella Law Firm, we understand that a strong contract is your best defense against legal disputes. Our team of experienced contract litigation attorneys can help review, draft, or revise your business agreements to keep you protected—before problems arise.
If you’d like to strengthen your current contracts or ensure a new deal is rock-solid, contact us today for a consultation.
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