The True Importance of Written Contracts in Businesses & Transactions
A written contract plays a vital role in any business transaction. Apart from making the agreement between concerned parties legally binding, contracts can also serve as future references, part of the business’ policies, as well serve as proof in the event of misunderstandings, complaints or disputes needing litigation proceedings
If you are about to run a start-up business in Florida or are about to enter into any type of contract with a person or business and you wish to keep everything legal and clear between the parties, it’s time you learn about the true importance of having a written contract officially drafted by a Florida business lawyer.
• Proof of details
This is definitely one of the reasons why a written contract is essential for your start-up business or any type of contract –it can legally serve as proof of details on whatever you and the other party have mutually agreed. It provides the ultimate understanding of the agreement between the owners of a company or its investors, about the services rendered by a third party, or payment obligations you need to comply with your hired workers. All these things should be stated in the written contract as legal proof.
• Prevent misunderstanding from arising
A written contract is usually produced during a sensitive business venture between parties entering into a business agreement. The main purpose of this formal written agreement is to give each concerned party the chance to read and have a clearer understanding of the terms or conditions, including the personal expectations of each party and what they have come to terms after a thorough discussion. The written contract will also be a reminder to each party that this business transaction should be taken seriously.
• Provide security and peace of mind
In any business dealing, a written contract can provide security and peace of mind to all of the parties involved in the transaction. For example, a written employment contract sets forth the terms between the employer and an employee with regards to their duties and responsibilities, payment and overall relationship. An employer is legally responsible in complying strictly with the employee’s wages and other benefits mandated by the law, whereas the employee is expected to perform diligently his or her assigned duties mentioned in the job description. A written contract gives ample protection on the parties involved when the agreed terms or conditions are not followed or are breached.
• Guaranteed confidentiality
One of the ultimate benefits of having written contracts in business transactions is the opportunity to agree to confidentiality and non-disclosure provisions protecting sensitive information. As part of the agreement, the concerned parties are legally bound to hold in secrecy the transactions involved and the information shared among them, and the party that violates this confidentiality agreement would be held liable under the agreement.
• Avoid expensive litigation proceedings
When a party to an agreement breaks the contract, the written agreement will be used as a general reference on what the parties have agreed and determine who is really at fault. Having a readily available written contract reduces the chances of bringing the issue to litigation proceedings, or even dragging litigation more than it may be necessary, which could be very costly and time-consuming.
• Serve as an official record of the business agreement
A written contract is used as an official record establishing what the parties involved have agreed on. For instance, it provides guidance on the level of authority given to owners or managers in the business, completion date of any work contracted to a service provider, payment of work completed, or simply stating the terms on who or when to terminate a contract.
Additional tips and warnings:
Written contracts are voluntary made and considered as a vital component of any business transaction, especially if great risks are involved.
ABOUT THE AUTHOR: Nico Apfelbaum
Nico Apfelbaum, Esq. is the managing attorney of Apfelbaum Law, a Florida law firm serving Port St. Lucie, Stuart, the Treasure Coast and assisting clients with matters throughout Florida. Apfelbaum Law provides a wide variety of legal services, including, family law, divorces, business and contract transactions and litigation, immigration, wills and estate planning, probate law, and real estate law. The attorneys of Apfelbaum Law will answer your questions, explain your options, and provide you with the tools and resources you need to make an informed decision.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.