Contract Drafting and Negotiation Attorneys

Overview

Contract drafting and negotiating is a critical part of the construction process. This is where both parties will meet, review, and set the parameters of the upcoming job as well as set forth clauses and provisions that will dictate how various procedures or disputes are to be handled. A contract should always be closely analyzed and reviewed before being accepted by both parties to ensure that everyone agrees on the terms.

The contract drafting and negotiating attorneys at Flores Ryan, LLP have expertise in every aspect of contract creation, clauses, and language. We provide the legal expertise to ensure that construction contracts are properly prepared and that negotiations are handled effectively. Our extensive experience as drafting and negotiating attorneys allows us to timely assist you during this important moment of the construction process.

ARTICLES

KEY POINTS

The four essential parts in the creation of a valid and legal contract are (1) capable contracting parties; (2) both parties’ consent to the contract terms; (3) legality; and (4) both parties’ sufficient consideration of the contract terms.
A contract is a promise or set of promises which the law gives a remedy to in the instance of a breach, or the performance of, which the law in some way recognizes as a duty.
The California Commerical Code defines a contract as "the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable law".
During the creation of a contract if consent is not freely given, a contract is still formed, but the contract can be voided.
An offer may lapse or expire, and become incapable of acceptance, by the passage of the time stated in the offer for its acceptance, or if no time is stated, the passage of a reasonable amount of time without communication of acceptance.

FORMS

Below you can generate the following forms that are applicable to mechanics liens: