Contract Drafting, Negotiations & Enforcement
"Are contracts that important? I have one that seems unfair, and I would like out of it."
Ciyou & Dixon, P.C. attorneys interact with contracts each day, every day. So do you, the Reader. A contract, in its basic form, is nothing more than a promise to do something (or not do something).
In fact, a contract is in someway responsible for everything you see and do every moment of every day. The words on this Site and the screen upon which these words are being read, exist because of a contract somewhere between some person(s) or business(es).
There are many broad aspects of contracts Readers my encounter. These range from contract drafting, contract negotiations to enforcement. Contract drafting is the process by which a contract is put together. A consumer example is a real estate contract to purchase a home.
The buyer may have provisions in the agreement signed with the seller that make the purchase contingent upon literally anything (although abnormal provision may cause the seller to reject the contract and not enter into it). Some of the more common terms purchasers put into the contract drafting (particularly if attorneys involved) cover termite infestation and radon levels.
Contract enforcement is another common situation. Taking the same real estate example, if a buyer and seller meet all contract terms, and the buyer or seller get “cold feet” and refuse to close, a law suit may be brought in law or equity and this is where contract enforcement enters into the picture. In law, a money damage award would be the remedy and judgment. In equity, the court may force the closing to occur by specific performance.
With contract negotiation/drafting and contract enforcement, a common question Ciyou & Dixon, P.C. contract attorneys are presented with is the attorney’s fees to bring or defend the law suit. Under the American Rule, which is followed in Indiana and throughout the United States, each side pays their own legal fees.
There are two major exceptions to this rule. The first is if the Legislature has adopted a statutory provision to allow a court to award attorney’s fees. In domestic relations cases, there is broad discretion for a court to do so. The second is if the contract specifies a provision for recovery of attorney’s fees.
If you face a contract negotiation, drafting or enforcement law issue, ranging from a claim under a homeowner’s or business owner’s policy, to most complex dispute between large business, Ciyou & Dixon, P.C. contract attorneys are here to help, and always start at the same point: with the contract(s) in question.
Although this seems basic and straightforward, it is not always the case. A declaration page, listing coverages, is not the contract policy, which will always be multiple pages. Thus, if you face a contract dispute of any nature or type, most contract lawyers will need the contract in its entirety to provided sound legal advice and make a recommendation as to how to proceed.
Ciyou & Dixon, P.C. contract attorneys handle matters ranging from drafting contracts for simple personal transactions to contract negotiations for matters for individuals and small to mid-sized businesses where covering catastrophic injury and loss is at hand.
Maybe you should consider if Ciyou & Dixon, P.C. contract attorneys are the right for your contractual matter?