How To Make Contracts For Business: Everything You Need to Know
When learning how to make contracts for business, you will first need to know how to define a business contact. A business contract is created between two or more people and outlines their expectations, duties, and legal responsibility.3 min read
When learning how to make contracts for business, you will first need to know how to define a business contact. A business contract is created between two or more people and outlines their expectations, duties, and legal responsibility.
Business contracts may also be referred to as business contract agreements. A contract will lay out the specifics of a job, such as terms spelling out the project, time frames for completion, and terms of payment. A business contract may be used in a number of situations, such as between a buyer and seller of a product or service. This type of contract can include details about the product or service in the agreement but always should include such items as:
- The date of the order
- Acceptance or delivery requirements
- The quantities that were ordered
- Warranty information or guarantees
- Payment terms.
For contracts that involve a service, you will want to include items such as:
- The scope of the work
- Performance requirements or milestones
- Terms of payment
Things to Keep in Mind When Signing or Drafting a Business Contract
Before drafting or entering into a business contract, you may want to consider:
- Are all situations that could potentially arise addressed?
- Are there contingency plans if needed?
- Is there too much ambiguity in the contract?
The Fundamentals of a Business Contract
While a business contract can contain details about a variety of aspects of the business and buyer transaction and relationship, at its core it should include some primary fundamentals.
- The names of all parties involved in the contract
- The date the contract is effective as well as the date it is signed
- All payment amounts and terms
- Damages or legal consequences for a breach of the contract, incomplete services, or a missed deadline
- A contract expiration date
When Should You Use a Business Contract?
It is a good practice to draft a business contract whenever your business is buying or selling physical products from another business, providing or receiving business services, or you are an independent contractor who can benefit from a more formal business arrangement.
Requirements for Everyone Involved in a Contract
When signing or drafting a contract, there are a few issues that will need to be considered to ensure that the contract is issued in good faith as well as enforceable. Some things you will need to consider are:
- All parties must be 18 years or older though some states allow for emancipated minors to sign, as well as guardians to sign on their behalf.
- All signing parties must have the mental capacity to understand the parts of the contract and what is expected of them.
- A business contract can be voided if one of the signers was intoxicated or mentally impaired, and when sober or sound decides against the contract.
8 Tips to Make a Solid Business Contract
To help create a solid business contract that can be enforceable in the event an issue has to be resolved in court, follow the eight tips listed below:
- List all of the details parameters and subjects linked to the deal that will be exchanged. This will include the products and services as well as monetary compensation.
- Make sure that you get everything in writing. Don't rely on verbal agreements as they are hard to prove in a court setting and are often not legally binding. Lay everything out in the written contract.
- Use plain language that all parties can understand. A common mistake is making contracts too complicated. Written contracts should be easy for all signing parties to read and understand all of the provisions, expectations, and responsibilities.
- Get into the details. The more detailed you make the obligations in the contract, the less room there is for interpretation. For example, clearly state dates, such as April 15 for delivery, instead of relying on terms like mid-month.
- Deal with the right person. When creating your contract make sure that you are dealing directly with the person who will be responsible for the implementation of the contract.
- Make sure all parties are identified correctly. All parties full legal names, titles, and contact information should be included in the contract.
- Make sure to include payment terms and details. You should always include not only the amount of the payment, but how the payment is expected, such as upon completion, terms, or milestone payments.
- Address circumstances that would terminate the contract. Include all situations in which either party could terminate the contract without constituting a legal breach.
If you need help with how to make contracts for business, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.