A contract in Florida is an agreement about something of value between two or more parties who intend the agreement to have legal effect. It may be oral or written, as long as all parties agree to the contractual terms. Businesses most often prefer the reliability of written contracts in their transactions. These instruments are best written by those with an expertise of the law, since the intent behind a contract is to give it legal effect.
Negotiating a Contract in Miami
Along with particular clauses that should be included in every Miami contract for it to be valid, it is important to adequately discuss each term to make sure that the intent of each party is understood by the other. Stating your intentions clearly at the beginning of negotiations is helpful, since then the parties may carefully detail the obligations and duties of the contract based on mutual expectations. Also, you may want to negotiate a process that can be followed should one party not fulfill its end of the contract.
Using a Form Contract
Using a form contract as a baseline for your agreement may save you time. Lawyers practicing Florida law in Miami can be helpful in selecting the right form, and can also revise the contract to make it the best fit for your distinct situation. Using a form contract without the advice of an attorney may pose problems. First, parties using form contracts often do not read all the clauses, and can therefore be unaware of their obligations under the contract. Second, the challenging language used in the field of contracts can make agreements written by others challenging to understand. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Miami, many lawyers specialize in Florida contract law.