Analysis and drafting of contracts
What does contract analysis involve?
Even with a drafted contract, one should not rush to offer it to the other party for signing. When a partner provides their version of the agreement, it is better not to agree immediately without consulting a professional. It is worth negotiating to take time to familiarize oneself with the draft, and then have the document reviewed by specialists.
The evaluation of contracts carried out by our company’s specialists is aimed at analyzing:
- form and terms of the agreement regarding its legality and compliance with court practice;
- risks for both parties;
- text for errors and contradictions;
- logic and consistency of the document;
- parity and clarity of terms;
- true nature and value of the contract.
Many clients seek an assessment of the agreement after it has already been signed when it is impossible to change the terms. Even in such cases, it makes sense to conduct expert analysis. After reviewing the document with a lawyer, the client receives information about potential and real threats, remaining options, and possible prospects for challenging an unfavorable agreement.
Specialist assistance is most effective during the analysis of the contract at the design stage, i.e., before it is signed by the parties. Within such a procedure, if necessary, legal support is provided for pre-contract negotiations. The presence of a specialist during the discussion of partnership terms not only gives the client confidence but also keeps an unscrupulous counterpart from being overly persistent and hypocritical. The lawyer also ensures protection against inequitable proposals, potential errors, and fraud.
Entrusting the drafting of a contract to an independent specialist from the outset is the optimal solution. Contract forms found on the Internet are usually fragmentary, generalized, filled with declarative provisions and are unlikely to help formalize a significant legal document. To save one’s own time and effort, it is better to immediately entrust the development of an agreement with unique terms to professionals.
To get our help, you need to undergo a brief survey, during which you should inform:
- the subject and overall value of the contract;
- the desired content of rights and obligations of both parties;
- personal vision of the order of payments (terms, stages, inflation, etc.);
- the desired procedure for amending the contract;
- wishes regarding automatic renewal or early termination of the agreement;
- the time frame within which the contractual relationship is planned;
- the responsibility of both parties for non-fulfillment of obligations;
- the course of action during force majeure circumstances and other important conditions.
If there is no clarity on these points, the lawyer will always offer the most advantageous or compromise option or their vision of conditions. Additionally, it is important for the client to provide the exact details of both parties, and if necessary, a detailed decryption of the subject of the contract, which will be presented in the form of a calculation, estimate, specification, calendar plan, defect list, etc.
If regulations establish standard forms of contracts, from which one cannot deviate entirely, we warn the client about this. Specialists prepare agreements that take into account the specifics of the work of budgetary, charitable, non-profit organizations. As a result, the client receives a project of a contract that fully satisfies them (within the limits allowed by law) and is ready to be signed by both parties.
Why it is worth entrusting us with the analysis
and drafting of contracts
We have repeatedly encountered situations where a client hastily signed a contract, taking on disproportionate obligations compared to the counterparty. Thus, many people trust promissory notes, which lack detailed terms of calculation (deadlines, penalties, inflationary damages). A contract is almost the only and always the first document that interests the court during disputes. Therefore, the more comprehensive and professionally the agreement is drawn up and checked, the less likely it is to have negative consequences for the client.
Our company analyzes and drafts all kinds of contracts – from capital construction and real estate purchase agreements to copyright transfer and export supply agreements. All legal relations that the client wishes to implement will be recorded by our specialists in a complete legal form that will best meet the client’s needs and wishes.
from a lawyer
