In Maryland, when two parties come to a mutually understood agreement that they intend to have legal force, a contract is created. There are both written and oral contracts, since all that is required is that the parties agree and understand each other. 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 Hagerstown
Along with particular clauses that should be included in every Hagerstown 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 Maryland law in Hagerstown 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, a party using a form contract may not have completely read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. Second, form contracts will often contain language that is difficult to understand outside the legal community. This can cause disagreement over the meaning of a clause. With either a negotiated contract or a form, an attorney can ensure that the written document matches the intent of each party. Lawyers in Hagerstown often specialize in Maryland contract law.