In Maine, when two parties come to a mutually understood agreement that they intend to have legal force, a contract is formed. 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 understanding of the law, since the intent behind a contract is to give it legal effect.

Negotiating a Contract in Portland

Along with particular clauses that should be included in every Portland 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

Form contracts can serve as a good starting point for a sound agreement. Attorneys in Portland, Maine often keep past contracts on file, and can add or remove clauses based on the situation. They can also reword the specific language of form contracts to make them more clear. There are risks to using a contract that neither party has written, especially if you proceed without the assistance of an attorney. First, parties using form contracts often do not read all the terms, and can therefore be unaware of their obligations under the contract. Second, the difficult 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 Portland, many attorneys specialize in Maine contract law.