Commercial Contracts

Contracts are the heart of any business whether the company is engaged in retail, manufacturing, arts and entertainment, or the transportation industry.  Simply stated, a contract is a binding exchange of promises or agreement between parties that the law will enforce. The basic elements of a contract are an offer, an acceptance, and consideration. The consideration is a benefit or detriment that a party receives for making or accepting an offer. The most common form of consideration is the payment of money.   Most contracts need not be in writing and almost always deal with matters involving the purchase, sale, delivery or provision of goods or services.  Certain contracts such as the sale of real estate or those that cannot be performed within one year must be in writing but it is recommended that all business contracts be written for evidentiary purposed. 

Contracts can be breached, intentionally or not, by any party.  Most breaches occur when one party fails to provide the agreed goods or services in the time or manner prescribed by the contract.  Since most contracts contain provisions for penalties in the event of a breach, it is very important that the agreement be thoroughly reviewed before execution.

How We Serve Our Clients

Our experienced professionals can assist you in negotiating, reviewing, drafting, administering, and managing all types of commercial contracts, including but not limited to:

• Commercial Leases & Loan Documents
• Licensing & Manufacturing Agreements
• Confidentiality, Non-compete & Non-disclosure Agreements
• Buy-Sell and Shareholder Agreements
• Outsourcing & Service Contracts; and
• Franchise & Agency Agreements