Much of the litigation that we deal with at McNamara Law Firm arises from contracts that go bad. And often, the reason they goes bad is because the people involved never fully understand what they are agreeing to. People generally expect that the deals they make are going to go smoothly. But It can be tough to anticipate what might go wrong with an agreement before something actually goes wrong.
While most deals go smoothly, there’s a million ways an agreement can turn into a disagreement.
If John agrees to build a table for Jane, and then the price of the wood triples, does John still need to provide that table at the agreed price?
If Megan hires Karen to cater her dinner party, does Megan still have to pay when the event gets rained out? Should Karen at least pay the food costs?
If William agrees to purchase Brad’s boat, and William can’t get the money together, is Brad out of luck? Does William owe anything to Brad?
Creating a thorough written sales agreement that anticipates and addresses these types of issues can keep businesses out of these costly disputes.
In addition to the massive benefit of keeping your business out of a lawsuit, there’s a ton of other ways that you and your customers can benefit from using a clear written agreement:
Leaves a great impression - When you close a deal with a written contract tailored specifically to your business and the work being done, customers believe that you’re going to handle their project in a professional manner.
Gets everyone on the same page - A written agreement allows for all parties to have a more complete understanding of the details relating to the services being provided. When people know what to expect, projects go smoothly.
Protects business from litigation - While a well drafted written agreement is designed to keep you out of litigation, it can tilt the stakes in your favor in case you do. For example, you could agree that any potential legal actions must take place in Nebraska, under the laws of the state of Nebraska. You can also limit your liability by saying who’s responsible for damages by acts of God or if a product you shipped is lost in transit.
If you’re a contractor, plumber, photographer, craftsman or web developer, we can help your business by creating a contract that is specifically tailored to the work you provide to your customers. Call us today to schedule a consultation!