Importance of Contract Writing Professionals

Well Written Contracts Only Please!

If you work primarily in the IT field, it makes sense to use contracts that have been written by attorneys specializing in the IT field. I have heard many stories from those in the field that constantly turn to the “easiest” option when it comes to the drafting of their legal contracts and rarely do those stories end well. I always take great care to ensure that the contracts that bind my services and the services of those doing work for me have been tailor made to my exact field. A well written document protects me as an entrepreneur and it also ensures that the little differences between contracting in different fields do not get overlooked.

What To Do When a Breach of Contract Occurs

Material Breach?

Breaches of contract can often turn into a confusing maze of questions and legal concerns, leaving you feeling lost and full of questions: What can I do when a contract has been breached?  Who do I turn to?  Where do I go from here?

First off, you have to be sure that there is, in fact, a breach of contract.  Once you determine if there is a breach; you have to assess to what degree or extent the contract has been breached.  Is it a minor breach?  Is it a material breach?  Is it a fundamental breach?  Is it an anticipatory breach?

Who do you turn to?  Well, that depends on more factors that cannot be easily redressed in a simple blog post.  If you have a decent understanding of your principle contract and the matter is, at most, a few thousand dollars, representing yourself in small claims court might be the best course of action. An attorney can provide counsel to help you determine if small claims court is right for you. If the matter is for a larger sum of money, for a slander issue, or if the issue(s) pertain to intellectual property rights, your first course of action should be to retain counsel.

If you decide to go it on your own, here are a few simple suggestions.  Again, this is not legal advice.  Determine where in your contract breaches have occurred.  Call those breaches to the attention of the party in breach.  Be sure to create a paper trail.  Do not make any inflammatory statements or any statements lacking facts or proof.  The last thing you want to do is make slanderous statements or accusations and exacerbate the situation.  Keep a cool and level head and if you are not able to come to an amicable resolution, turn the issue over to professionals.

Remember if you have a well written, solidly binding contract you should never find yourself with any breach-of-contract issues.  Planning and forethought go a long way.  Finally, avoid legal battles whenever possible. Long legal battles will only hurt you in the end.

The Importance of Defining Contracts and Business Agreements

Define your project.  Project management is extremely crucial to success.  If you are being paid a lump sum or have quoted a specified number of hours for a project it becomes even more important to manage time efficiently.  Any extra time it takes you can cut into your profit margin.  Before you accept a project, make sure that the project is spelled out completely and that all of the involved parties agree on what the project will entail.

I can’t hammer this point home enough.  It is very easy to agree to do something for a client and then half-way through the project realize your expectations and your clients are way off base.  Since the customer is always right, you end up spending extra time reworking or fixing the project to your client’s newly defined specifications.  The best way to avoid this scenario is with a clear, accurate and explicitly complete contract.  If you are building a web page, don’t just assume what content will go where or how it will be delivered.  Make sure that content, at least in a place holder form, is included in your contract.  Spell out how the “about” section will be displayed for end users.  Making assumptions is a cardinal sin to be avoided at all costs.  Without clearly defined boundaries and explanations in place, the life of an independent contractor is hell.  The reason people are contracting with you is that you can do something they can’t or you offer a more cost-effective option.  I’ve learned to always be wary of clients.  Even the best clients are only as good as their last payment.  That might come off as cynical but once you’ve been in the game long enough, you realize idealism is reserved for rookies.  In real life, clients are looking out for their best interests and so are you.  Sure, both parties want to work together in harmony.  The best way to ensure that beautiful harmony is with a well defined contract in place.

Once you have your amazing contract in place, it is up to you to achieve the objectives stated in the contract.  I find a well written contract leads to smooth deadlines and easily achievable goals.  That leads to higher productivity and satisfied clients.  Satisfied clients are return clients and referrals in waiting.  There isn’t any better business then return business.

The Legalities of Online Advertising Contracts

Monetizing your website is extremely important.  With the current surge in online advertising, getting the most out of your online ads is extremely important.  Besides boosting your site’s page rank and driving more traffic towards your site, having well-constructed contracts with your advertisers is the most important step to maximizing your online advertising revenue.  The question is: where do you start and who should you turn to for help?

First off, I would start by asking a few key questions.  What kind of traffic does your site currently draw?  What pages on your site are you going to monetize?  Where on your pages do you plan to sell ad space?  Whom do you want to sell ads to?  Do you want to sell imprints?  Or do you want to sell straight ad space?  These are all extremely important questions.  You can create the basis for your online advertising contract from your answers to these questions.

Once you finally sit down to create your contract or if you decide to use a professional (which I highly recommend), you are going to want to follow some basic contractual guidelines.

Cover the scope of your entire agreement:

•    How will you display ads?
•    Who will serve the ads?
•    How you will be compensated?
•    Time frames for both compensation and ad placement.

Terms and conditions should always cover things like site downtime or hackers.  It is a reasonable expectation that, from time-to-time, a web site will have some unforeseen downtime.  Make sure you account for those types of oddball variables in your online advertising contracts.

Remember to define your audience, your scope, your placement and your rates.  Do not get into overtly complicated deals with too many clauses because you are an independent contractor and chances are the people buying ad space from you are not.  You do not have an army of attorneys at your disposal; they very well might.  It is in your best interest to have someone professional look your contract over, if not write it entirely.  In the end, you should do what feels comfortable to you.

Legalities of Contract Writing

In my experience, writing a legal contract on my own with no outside help is not only difficult it is somewhat scary. Have I dotted all the I’s and crossed all the T’s? Are my clauses in fact legal? The amount of added time it takes to ensure I am correctly following guidelines usually isn’t worth the minor expense of using an expert.

Here are a few things to keep in mind if you are writing your own contract. Remember: this isn’t legal advice coming from your attorney, it’s just some tips I’ve picked up over the years. With that in mind here is my list:

• A contract is an agreement between two or more parties
• A contract should spell out all of the obligations of the parties
• A contract should cover the expected time frame for parties to fulfill their obligations
• A contract should explain the desired compensation for obligations
• A contract should limit the liabilities of the involved parties
• A contract should clearly define the risks ensued by involved parties

As an independent contractor, I feel it makes sense to stick to my area of expertise and to rely on other experts when it comes to writing contracts.