The value of your business is tied to the strength of your contracts. However, for many business owners, it’s challenging to keep up with contract-related obligations while managing daily tasks. Working with an experienced business contract lawyer can represent you in contract negotiation and drafting.
Discuss Your Case With a Pittsburgh Contract Negotiation Lawyer
A poorly negotiated contract can have lasting negative consequences, outweighing the cost of working with an experienced lawyer. At Jones Gregg Creehan & Gerace, our business law lawyers will gather the facts that support your contract possession. We’ll use them effectively to advocate for your best interests when negotiating. Contact us today to schedule your initial consultation to learn more about our contract negotiation services.
The Basics of Contract Negotiation
All of us encounter contracts in our day-to-day lives. Circumstances involving sales, employment, and purchases all require agreeing to a contract. In the business world, contracts secure an agreement between two or more parties, making it possible for businesses to function. Every contract is different, but they all have certain elements. At a basic level, a contract is a legally binding agreement between two or more people.
In Pennsylvania, a contract must involve one party’s offer or promise to another party. The other party must accept the terms of the offer. The contract needs to include an exchange of “consideration,” meaning each party provides the other party with something of value.
Once all of the parties involved have signed the contract, it’s legally binding. One party will not be able to change the terms in the contract after realizing fulfilling the contract will hurt their business. Instead, all parties must follow the terms of the contract, or they will face lasting consequences. For this reason, parties who will be entering into a contract should consult with an experienced lawyer who will negotiate the best terms possible.
The Importance of the Contract Negotiation Process
The business world moves at a quick pace. When businesses are anxious to finalize their deal, they may not take time to negotiate a contract. Perhaps they don’t want to hold up the process or are concerned that the other party will drop out of the deal if they begin negotiating. In other cases, one or both parties may not realize that they have the right to negotiate the clauses in the contract. Nonetheless, it’s essential that you consider whether you can make the deal more favorable to yourself.
Taking advantage of the negotiation process can save you time and money down the road while protecting your business. You may be able to negotiate more favorable terms that will help you increase your profit or add value to your business. Even if you cannot obtain the exact terms that you want, the negotiation process will help you understand the meaning and consequences of every provision in the contract. You’ll be able to weigh the benefits and risks in a more informed way.
Why Should You Hire a Lawyer to Negotiate a Contract?
If you are involved in preparing a contract, you shouldn’t be afraid to negotiate. If the other side is eager to move forward with the deal, negotiating is particularly important. You will have some leverage with the other party to go through the negotiation so you can finalize the deal. One of the best things you can do is consult a lawyer early in the process so you can capitalize on the other party’s willingness to come to an agreement and sign the contract.
Every contract is unique. Some contracts are relatively short and straightforward. Other contracts are lengthy and complex, especially when “legalese” is added to the contract. An experienced contract lawyer will be able to redo the contract and help you explain all of the contract conditions. Before you sign, you should understand all of your obligations. If you sign the contract and realize that you won’t be able to fulfill your obligations, you will face litigation. You may have to pay the other party damages for not fulfilling the contract. Your lawyer will also help you understand the rights you have under the contract.
Negotiation a Contract That Protects You From Liability
An experienced contract lawyer will also negotiate for terms that limit your liability. In many cases, people who enter into contracts hastily expose themselves to significant liability. For many small to medium-sized businesses, a lawsuit can have devastating financial implications. It’s important that your lawyer negotiates for a contract that protects yourself and your company from litigation. Finally, your lawyer will be able to ensure that the contract is legally enforceable. Under Pennsylvania law, contracts must meet specific requirements for the court to enforce them.
Can I Negotiate a “Standard” Business Contract?
Due to the large volume of contracts businesses need to sign every year, many use generic, standardized contract forms for efficiency. Many parties assume that since the contract is standard or fair, they should not have concerns about signing it for the industry. Alternatively, the parties may assume that since it’s a formulated contract, they can’t negotiate the terms of the contract. However, there is a wide range of standard contracts, and negotiation is always advantageous.
There may be provisions in a standardized contract that impose significant liability on you. In other cases, a standardized contract will allocate risks disproportionately to you and your company. A skilled contract lawyer can advise you regarding the best industry practices. Working with a lawyer can save you money and time in the future. A skilled contract lawyer can add provisions to the standardized contract that protect you and serve your interest. Conversely, a contract lawyer can remove provisions that don’t apply to your deal or would be harmful to you.
Contact a Pittsburgh Contract Negotiation Lawyer Today
At the law offices of Jones Gregg Creehan & Gerace, our contract negotiation lawyers are prepared to review your contract and offer sound advice regarding your options. We have extensive experience in negotiating highly complex contracts and will use this experience to advocate for the best outcome possible. Contact us today to schedule your initial consultation with one of our Pittsburgh contract negotiation lawyers.