Category: Contracts

Articles and posts are focused on contract issues and best practices.

How Not To Draft Contracts

Recently, a client wanted me to look over a “right to cancel” clause for the installation of energy saving feature for his home. My client is a smart person and typically doesn’t have any problems in reading/understanding contracts or “legalese”.

Tagged with: , , , , ,

It Sounds Good, But is it Enforceable?

The other day I was helping someone move. We arrived with the moving truck, and met the Landlord at the residence. The Landlord then proceeded to go over the terms of the lease along with the idiosyncrasies of the house.

Tagged with: , , , , , , , , , , ,

10 Languages of a Contract Part 2 of 2

In the last segment of this series we talked about the following contract languages: Language of Agreement Language of Performance Language of Obligation Language of Discretion Language of Prohibition This segment will cover the remaining languages of: Language of Policy

Tagged with: , , , ,

The 10 Languages of a Contract pt. 1

Ever wonder why contracts are so hard to read through? A careful reader of a contract will note that there are seven different languages used. No, I am not talking about that fancy Latin that attorneys like to through in

“Reasonable Efforts”? As Defined by whom?

Parties to a contract will often use the term “Reasonable Efforts” in contracts where the person doesn’t want to take on strict liability for non-performance to make sure something gets done, but has the intention in complying as long as

Tagged with: , , , ,

3 Reasons Why You Should Negotiate Your Contract

3 REASONS WHY YOU SHOULD NEGOTIATE YOUR CONTRACT # 1- THE SHOE PROBABLY DOESN’T FIT. The first reason to negotiate your contract, rather than to sign whatever document is put in front of you is that most business owners are using

Tagged with: , , , , , , , , , , , , , , ,

4 Elements of a Contract

Here in St George, UT contracts are often made with a wink and a smile over lunch at Judds Store, more formal than that would be a firm handshake at the Pizza Factory,  even better would be something in writing

Tagged with: , , , , , , , , , , , , ,

How my friend got hosed by the Parol Evidence Rule in Contract Law

Please see this video to discover how to protect yourself when making a contract.

Top 3 Terms to Look at Before Signing a Lease

For those of you who are over 18 and have never rented or had to sign a lease, you are extremely lucky or are still living with your parents.  If you are still living with your parents, they may be

Tagged with: , , , , , , , , ,