Transactional Business Law
Attorney Daniel DiCicco
Good contracts today save huge headaches tomorrow. I like to think about how I would attack a contract if I were an opposing attorney, and then write provisions to protect against those risks.
SMART CONTRACTS, SMOOTH BUSINESS
Do Business with Confidence in your Agreements
Contracts are the legal glue holding your business together. We think you'd agree that having confidence in your legal infrastructure is worth not just dollars and cents, but peace of mind. On this page, we discuss our approach and strategy to building a legal infrastructure you can rely on.
Plain Language Reduces Risk
A common misconception is that contracts need to contain legal jargon and magic words to be effective. We prefer to make contracts that are easy to read even for a non-lawyer. When everyone can easily understand their rights and duties under a contract, the risk of a breach is reduced.
Our Straightforward Approach
We take a three-step approach to drafting and reviewing contracts:
First, we want to understand your business goals - why are you making this agreement?
Second, we work to assess your risks and to understand your negotiation priorities when applicable
Third, we create the contract in plain language and ensure that you fully understand it.
From there, we can leave the execution to you or we can be involved at all stages of the game.
What Makes a Good Contract?
This is a common question business owners have, and it's our job to help you understand what makes for a good contract and what makes for a landmine that can knock your business off-track. In this section, we outline some factors that we consider when drafting and reviewing contracts.
Scope of Work - Keep it Tight
In service contracts, it is critical to tightly define the scope of work whether you're a vendor selling services or a business hiring outside help. A tight SOW defines what you're doing, how you're doing it, the timelines for the job, and sometimes specifically defines what work you won't be doing.
Payment Schedules - Ensure Stability
Who is going to pay, when are they going to pay it, and how is it going to get paid? Cash-flow is absolutely critical to every business and when customers don't pay on time then it can have far-reaching effects on your other obligations. A good contract defines clear payment terms and addresses what happens when payments are late or missed.
Warranties - Avoid Pitfalls
Both service and goods contracts can include warranties. What you might not know is that Warranties are heavily regulated by State and Federal Law. You can even provide a warranty when you don't intend to do so - these are called implied warranties, and a good contract will accomplish what you mean while avoiding what you don't.
Dispute Resolution - Know Your Rights
What happens if relations sour? It happens all the time and to best protect your business, you need avenues to resolve a dispute without having to file a lawsuit. But even if you do need to a file a lawsuit, you can agree ahead of time that Oregon law will govern the agreement. A good contract will protect your right to resolve a dispute on your home turf. This way you don't end up litigating an Oregon contract in a Delaware court!