Contract Lawyer: What are they?
What is a contract lawyer? Well certainly one cannot throw the name "contract lawyer" around and expect there to be only one definition or aspect of law attached to it. Contract lawyers literally deal with the entire spectrum of contractual matters, almost to the end of the definition.
Contract lawyers are involved in the negotiation, formation, formation, enforceability, modification, breach, and even enforcement of contract claims . So the aspect of a contract lawyer that you will need really depends on your situation. For example, if you’re contemplating entering into a contract, you may need the contract lawyer for the negotiation and formation of the contract. On the other hand, if you’re on the business/business side of a breached contract, you’ll likely need a contract lawyer for the enforcement. A good contract lawyer will be there for you, every step of the way.
Benefits of a Contract Lawyer in Houston
As the fourth largest city in the United States and one of the most diverse, Houston is a hotbed of business opportunities. The city is home to more than 25 Fortune 500 companies, including renowned names such as ConocoPhillips, Halliburton, and Sysco Corporation. As the economy of the city grows, the need for effective contracts that protect all parties becomes increasing important. Navigating the intricacies of these agreements, however, requires a degree of expertise that can be best provided by a contract lawyer.
Houston’s unique business landscape comprises a range of both small and enormous enterprises, from retail and finance to real estate and energy. Each industry is governed by its own rules and regulations, which are subject to rapid change. The complexity of the legal environment in Houston means that it can be easy to overlook essential requirements and agreements, particularly when dealing with another local party. This underscores the importance of hiring an attorney who is experienced in Texas law and familiar with the legislative landscape in Houston, ensuring your contracts can withstand any challenges.
The typical Houston business deal involves parties that are geographically distant from one another and/or intimately familiar with the local market. The potential for misunderstandings on either side makes it vital for each party’s rights and obligations to be clearly spelled out in a written agreement that is properly drafted by an experienced contract attorney. Without a well-crafted contract, you risk miscommunication and disputes that can cost you more in litigation than if you had hired an attorney from the start.
While most business owners understand the significance of having contracts in place, what is often overlooked is the need to continually review contracts on a regular basis for possible amendments or revisions. Changes to your business operations, the legal landscape and other relevant factors may require an update to the language of a key contract. Without consulting a contract attorney who can review your contracts on an annual or bi-annual basis, you could be missing out on the opportunity to better protect your company.
Businesses today simply cannot afford to operate without the protection of properly drafted contracts. By doing so, they leave themselves open to unnecessary and costly legal disputes. As the Houston economy continues to grow at an impressive rate, the need for contract lawyers will go hand-in-hand with its progress.
Services Contract Lawyers Provide
The spectrum of services provided by contract lawyers can be broadly categorized into several key functions. Contract drafting is one of the most essential duties these attorneys perform. A contract drafted by an experienced attorney provides clear, organized terms that leave little to no room for ambiguity or differing interpretations. A well-drafted contract can be the key to the enforceability of its terms down the road.
Contract review is another vital service offered by contract lawyers. Before entering into a contract, it’s crucial for parties to fully understand the provisions in question, as well as how they may affect them at present and in the future. Contracts often contain complex language, and the assistance of a lawyer can ensure that each term and stipulation is truly fair to all parties involved.
Contract negotiation is a service that may or may not be absolutely essential, depending on the situation. If a party has been presented a contract that is potentially unfair in some respect, it may be prudent to enlist the services of a contract lawyer to negotiate certain terms for clarification, revision or elimination.
Contract enforcement is the final component of the services typically offered by contract lawyers. The vast majority of contracts are negotiated and settled without the need to renegotiate terms. However, if a breach of contract occurs, it’s important to employ the services of a contract lawyer to ensure appropriate action is taken as soon as possible to remedy the situation.
Enforcement may include bringing a breach of contract claim against the offending party, or entering arbitration or court proceedings in an attempt to amend the contract through amendment, addition or deletion of troublesome provisions. A contract lawyer may also take steps to ensure that if a judgement is awarded, the responsible party is able to pay.
Tips on How to Find the Best Houston Contract Lawyer
When the time comes to hire a contract attorney in Houston, there are important considerations to keep in mind. First, you’ll want to find someone who possesses the experience to get the job done. Your lawyer should know the ins and outs of the contract law field and have a proven track record of handling cases similar to yours. Ask your potential attorney how many cases he or she has worked on and won relating to your dispute.
Secondly, you’ll want to evaluate their credibility and reputation. Ask your lawyer for client references or testimonials. Read online reviews and see if he or she is in good standing with the local Bar Association. In addition, check with the Better Business Bureau (BBB) concerning any complaints about the firm.
On top of experience and reputation, you’ll want to choose a contract attorney who specializes in contract law. An attorney with a broad practice may not have the background necessary to provide you with the best legal representation. Likewise, it’s a good idea to choose a contract attorney who specializes in the industry in which you work. For example, if you’re involved in the construction field, you’ll want a lawyer who has previous experience with contract law pertaining to construction contracts and agreements. This will help ensure that you’re hiring an attorney that has specific experience to help you win your case.
Questions to Ask a Contract Lawyer
1) "What type of contracts do you draft and negotiate?"
Many non-business attorneys’ will try to do a uniqueness test on your contract, by trying to prove their skills in drafting. As an business attorney, my job is not to draft some of the best contracts in the world but only the one that works for you. Many contracts are basically the same, others slightly different with some modifications of boilerplate language. My job when drafting agreements for you is to make them fit your specific needs. By adding contract clauses that help achieve your goal, not by re-inventing the wheel. This is more cost effective strategy, which saves you time and money.
2) "How much will the costs be to litigate our contract?"
Most people do not push forward with legal action in cases when the amount recoverable is less than the cost of litigation. Legal fees for litigation of contracts can be very high to recover a small amount. For some contracts I advise my clients to include mandatory arbitration clauses , so if there is ever a need for arbitration they can recover the full amount including the cost of attorney’s fees; but for some other contracts I suggest that the clause be either removed or modified. Before contracting with a Houston contract attorney, you must advice them of the amount of damages that may be recovered. You will also have to discuss whether it is preferable in your case to include alternative dispute resolution clauses.
3) "If we have a dispute will we be better off going to litigation versus arbitration?"
If I have a client that is likely going to sue its customers, I will suggest that we include a mandatory arbitration clause, that allows my client to recover both damages and attorney’s fees. If my client is likely going to be the party sued and will need to defend an arbitration; I would consider including a clause allowing either party the option of choosing arbitration or traditional litigation.
Advantages of a Local Houston Contract Lawyer
A local Houston contract lawyer can bring a wealth of advantages to your case or project, owing to their familiarity with Houston’s unique legal landscape, regulations, and business practices. One of the most significant benefits of hiring a Houston contract lawyer is their knowledge of the city’s laws and regulations. Houston operates under various federal, state, and local laws that affect contracts in different ways. A Houston contract lawyer is well-versed in these laws and is able to consistently provide informed and efficient counsel during each step of your contract negotiation process. They can help you avoid violations and optimize your contracts for success.
Additionally, a local Houston contract lawyer understands the city’s most prominent industries and business practices. By hiring a contract lawyer whose office is located in Houston, you can benefit from a suite of services designed for people doing business in the city, helping you achieve your goals as accurately and efficiently as possible.
Houston contract lawyers are also familiar with the City of Houston’s public contracting requirements, which are distinct from those of Harris County. Real estate and commercial contractors in Houston must comply with relevant, specialized contracting requirements, which include a precise regulatory framework concerning the use of efficiency contracts and energy efficiency requirements for new construction. Houston’s requirements have an outsized effect on area businesses because buying power is concentrated in Houston. Contract lawyers are able to help you comply with these requirements and maximize your bottom line.
Finally, local Houston contract lawyers develop longstanding relationships with other Houston lawyers, city and county government officials, and other stakeholders in the Houston area. These relationships can be a major asset to you and your business. By working with a lawyer who is well-connected in Houston and can help make introductions and offer first-hand information about local contracting partners, you can gain a significant advantage in your contracting efforts.
Contract Lawyer Costs in Houston
While the value of your time is not something that can be measured in dollars, the money you spend on a contract lawyer Houston may be. Lawyers come with an array of fees depending on their skills and services, and they tend to charge their clients based on either an hourly rate or per project. These rates may be influenced by the experience and niche of the lawyer, as well as whether they run their own practice or work for a law firm. Within the Houston area, all lawyers are required by the State Bar of Texas to charge for their services; this can function as a regulation for some small firms in Houston, TX. Most solo practitioners have a wide range of pricing, but large firms like the ones located in the Central Houston area will have a predetermined pricing schedule that is presented to clients. Before you begin a relationship with a contract lawyer Houston, you should always ask for an estimate on the potential costs, as well as information about other fees that may occur throughout the process. For example, you may be informed about administrative or related court fees, as well as how payments are structured.
How to Solve Contract Disputes
Step 1: Direct Discussion Between the Parties
Be proactive and notify the other party of a potential dispute; you may be able to avoid any conflict entirely. As part of your notice, be sure to document all communications between you and the other party, as this can help to prove later that you acted in good faith.
Step 2: Initial Demand in Writing
After a failure of direct discussions, it is likely that you will need to initiate any legal action through a demand letter. A Houston contract lawyer can describe the process for a demand letter to you in detail, but generally, a demand letter should include:
A final attempt at direct negotiation through a demand letter on your part may be a great step towards resolving a contract dispute without litigation.
Step 3: Engage in Mediation
A non-binding form of early alternative dispute resolution (ADR) , mediation is one of the first opportunities you and your lawyer have to be proactive about resolving your contract dispute before a lawsuit or trial. Through effective ADR with a professional mediator, you may be able to work in partnership with the other party to come to a legally binding resolution. Mediation may also allow the parties to preserve their ongoing business relationship, while a courtroom trial will most likely destroy that relationship.
Step 4: Engage in Arbitration
If mediation was unsuccessful, you may need to move towards arbitration, which is a binding form of ADR. To understand how arbitration can help you resolve a contract dispute with the other party, be sure to ask a Houston contract lawyer for guidance regarding this very useful process.
Step 5: Trial
Finally, if you are unable to resolve your contract dispute through direct discussion, a demand letter, mediation, or arbitration, you may need to go to trial to resolve the issue.