Contract law forms come in all shapes and sizes, from all sorts of establishments, and at all sorts of prices. Staples, Office Depot, Nolo and other establishments sell contract law documents. The low price tags of form contracts draw in do-it-yourselfers, including small business owners.
The dreaded day will come when the small business owner sits in a high back leather chair across from his attorney, shakes his head and wonders how the business could be sued when it holds contract law documents. The attorney then explains that legal contract forms are made for the general public and the catch-all sometimes doesn't catch all. Then the attorney looks over the documents and lends a helping hand.
To be successful using contract forms, follow these steps:
1. Take the contract legal forms to an attorney before you use them.
2. Be a do-it-yourselfer with certain contract legal forms.
3. Update, review and update again your legal contract form for business.
Action Steps
The best contacts and resources to help you get it done
Consult the maker of contract legal forms
A commercial contract form is not a bad thing. It is what the commercial contract form says in writing that matters. A contract is written by an attorney. The form contracts found at the larger establishments are also written by attorneys, but you can't talk to them.
I recommend: Go to your attorney and talk about your situation. Tell her what you need and have her create a form for you. Ask her when you should use the form and when you should not use the form. Find a contract attorney at the
American Bar Association's (ABA) website. Use the form in the appropriate circumstance and from appropriate locations. Get your forms from
Nolo and take the form to the attorney for review for your situation.
Choose the right area of contract law to be a do-it-yourselfer
There are many contracts that businesses use that are in the "form" style. These contracts don't change from customer to customer. A bid for HVAC work or a residential lease are examples. The business owner doesn't run to an attorney each time he uses these legal contract forms for business. Choosing to go it alone in these instances is fine if you first follow the action steps.
I recommend: Get the legal contract agreement from the trade association itself. Use construction contract law agreements from The
American Institute of Architects (AIA) because this is what they are in the business to protect. Use real estate leases after the attorney specializes it for your state and your tenancy situation. Take a course on property lease agreements created through the
National Association of Realtors.
Update your contract law legal forms
Laws change, circumstances change and agents and principals in the business change. If an agent is allowed to conduct business for your establishment and then leaves the job, he still may have powers to contract. Update your forms and keep in contact with your vendors and clients to avoid unneeded headache of forms going bad.
I recommend: Prevent a bad contract law form experience by knowing the law in your field. Find the association that best matches your trade and get regular updates on changes in the law. Find your trade association at
4specs.com. Schedule annual meetings with your attorney to go over your forms. Turn to the resources of a specialist in contract law, like the firm of
Taylor Dunham & Burgess, LLP, for updates on contract law forms and requirements.
Tips & Tactics
Helpful advice for making the most of this Guide
- Don't be afraid of contract legal documents, but use them in the right way, under the right circumstances and after review from an attorney.
The official source of Contract Law Forms is the Contract Law Forms page at Business.com
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