JDLawyer

JDLawyer

1p

1 comments posted · 0 followers · following 0

524 weeks ago @ OnlyOnce - Stuck in Legal · 0 replies · +1 points

I question your premise ---the first question that people should be asking is do we need a contract at all? The law on quantum meruit and the implied promises of seller are very fair and well developed. If your lawyer cannot explain to you what you need a written contract, look for another lawyer. And, you don't need a written contract because it has promise to pay attorneys fees, if you win a lawsuit, or lots of other boiler plate of similar ilk. If you think that is likely to happen, maybe you should look for business elsewhere

Second, do no confuse contract with creditworthy or knowning your customer

Last, most disputes not over "terms;" they are over the assumptions of the parties. For example, a firm is hired to dig a foundation for a new home. Everyone assumes that there is no rock or other obstruction to the work. A good contract will say, the price is X, assuming we don't hit rock or another obstruction or have bad weather. A bad contract will say the price is X and say nothing about the assumptions.