When parties to an agreement intend it to have legal effect, that agreement is called a contract. In Nebraska, contracts might be oral or written, as long as both parties have the same understanding of the terms of the agreement. A written contract is typically preferred by most businesses, because that make the agreements more reliable. Contracts may involve legal principles, so they are best formed with a clear understanding of the law.
Negotiating a Contract in Omaha
Along with specific clauses that should be included in every Omaha 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 start 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. Lawyers in Omaha, Nebraska often keep past contracts on file, and can add or remove terms based on the situation. They can also reword the specific language of form contracts to make them more clear. There are risks in using form contracts without the advice of an attorney. First, form contracts have the tendency to go unread. Any party who does not carefully review all the contract clauses can be left unaware of their obligations under the contract. Second, form contracts often contain language that is particular to the field of law, and using forms without an understanding of this language can cause future disagreements over a contract's meaning. Whether you decide to negotiate a contract or use a form contract, an attorney will be able to help you ensure that the written instrument matches your intent. Many lawyers practicing in Omaha are experts of Nebraska contract law.