In Maine, 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 South Portland
Along with certain clauses that should be included in every South 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 outset 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
It may save you time to use a form contract instead of drafting your own. Even so, you may want an attorney in South Portland, Maine to add or remove provisions, or to simply make the contract language more clear. Using a form contract without the guidance of an attorney may pose problems. First, parties are less likely to read form contracts completely, which may lead to one side being unaware of their duties under the contract. Second, the challenging language used in the field of contracts can make agreements written by others difficult to understand. Lawyers can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. Maine contract law is a field in which many South Portland lawyers have specialized.