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How to Write a Contract

Check sources like West's Legal Forms for templates of contracts. This can save you time and may help you to think of things you might have missed when drafting from scratch.

Be sure to include the legal names of the people who are entering into contract. This can be individuals, partnerships, or corporations. If it is a business, make sure the person signing is in a position to contract for the company and includes his/her title in the signature line.

Identify the contract with a heading so that it is easily distinguishable from other documents and states the purpose of the document.

Make sure the contract includes a date that the contract starts and ends.

Include what each party is to do.

You may want to include terms for how a contract can be legally broken. Include penalties for the breaching party, if any.

You may wish to include a non-compete agreement. The terms must be reasonable and spell out what incorporates a breach. Is it days? Distance?

Group like items together in separate paragraphs. For example, the duties of each party will go in a separate paragraph. The length of the contract goes in a separate paragraph. The compensation due and the terms of payment go in a separate paragraph, etc.

Keep the language clear and do not repeat. If a contract is breached and goes to court, any ambiguity goes in the favor of the person who did not write it. Tips to avoid ambiguity:  If using numbers, write both the word and the number (ten, 10). Use the same term to describe the same object or action throughout. Avoid jargon. Define anything that may be unclear. (“day”- 24 hour period beginning at midnight on the 14th of December) You may wish to include language that clearly states what is not included to avoid ambiguity (such as “Contracting party is an independent contractor and shall provide her own materials to do this job and is responsible for paying all due taxes.”

Insert a choice of law, jurisdiction and statement clarifying who pays what legal fees to keep the ball in your court in case of breach.

All contracting parties must sign their legal names.

Disclaimer: Please remember that this information is based on general facts and might not apply to specific factual situations. Laws of each state may differ substantially. Please do not consider this information to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state. Using this advice does not constitute an attorney/client relationship and the author does not claim to in fact be an attorney.


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P.O. Box 581
Palmyra, VA 22963

taajfiqalbi@yahoo.com
(757) 724-1947


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