Contract Lawyer Bloomington IL
Selecting The Best Contract Lawyer Bloomington IL Will Make A Big Difference In Your Case
Contact Koth Gregory & Nieminski to meet with an experienced Contract Lawyer Bloomington IL.
– 80+ years of combined experience –
A Contract Lawyer Bloomington IL at Koth Gregory & Nieminski can provide legal assistance with business-to-business contracts, commercial contracts between businesses and individuals, and contracts between individuals.
Our contract lawyers help clients with drafting and negotiation of contracts, reviewing current contracts, and advising on related issues. A legal contract is basically a form of agreement that is made by two or more parties. It is a document that provides details about what each party agrees to do or exchange.
Contracts can be verbal, implied, or in the form of written documents.
Written Contract. In order for a contract to be binding according to law, in most situations it must be in writing and signed by each of the involved parties.
Verbal Contract. Verbal contracts are often enforced when there are witnesses who heard the terms of the agreement.
Implied Contract. An implied contract exits when one person received services for which he/she needed and for which payment is expected (i.e. medical services in a hospital’s emergency room – the patient may not agree to pay because he/she was unconscious, but it is implied that if conscious, the patient would have requested the services and agreed to pay for treatment).
There are several common types of contracts, and some are more likely than others to be enforceable even if there is not a written contract.
Common Types Of Contracts & Enforceability:
-A non-disclosure agreement. -An employment contract. -An agreement forming a business partnership. -Settlement agreements. -Operational agreements. -Intellectual property agreement.
-Non-compete agreement.
-Buy-Sell agreement.
-Real estate purchase agreement.
-Insurance coverage agreement.
Click here to meet with an experienced Contract Lawyer Bloomington IL.
Most of the contracts listed above should be in writing. Otherwise, the verbal or implied agreement may be very difficult to enforce.
For example, business partnerships, operational agreements, intellectual property agreements, settlement agreements, buy-sell agreements, real estate agreements, and insurance coverage agreements should all be in writing and include the specific terms outlining each party’s obligations. Meeting with a Contract Lawyer Bloomington IL will help you understand the meaning of the contract terms.
Some written contracts can be difficult to enforce even if they are in writing, such as non-disclosure agreements, non-compete agreements, and prenuptial agreements.
Non-disclosure agreements. Difficult to fully enforce because people often disclose the confidential aspects verbally. However, if there is a paper trail or a public statement containing confidential information that the parties agreed would not be disclosed, then that is a different story.
Non-compete agreements. Difficult to enforce because Illinois courts do not like these types of restrictive covenants. A non-compete agreement and other similar restrictive covenants can be a restraint on trade. In general, the Illinois courts like people and businesses to be able to operate freely because it promotes a better economy. To be enforceable, the non-compete agreement must be limited in terms of time, geographic scope, and the restricted activities. Even if the restriction on time, scope, and activities are limited, a judge may find that the non-compete clause is not reasonable.
Prenuptial agreements. Illinois courts will only enforce certain issues in a prenuptial agreement. For example, an agreement regarding child custody cannot be agreed to in a prenuptial agreement. Also, both parties should be represented by their own lawyer. Otherwise, they risk the entire agreement being unenforceable.
A Contract Lawyer Bloomington IL can help you understand the enforceability of your agreement during your initial meeting with the lawyer.
Some employment agreements can be enforced without a written contract.
Medical services is a good example. Another example would be if one person did work for another person or business based on a handshake agreement. This often happens in farming, construction, or other trade industries.
The worker reasonably expects to be paid a fair wage for the services rendered. If the employer does not pay a fair wage, then the employer could be considered unjustly enriched by the worker’s services. As such, a court could determine that the employer owes the worker for the services rendered.
So what happens if the contract has terms that are ambiguous, meaning there are multiple ways to interpret the agreement.
Ambiguities – A Contract Lawyer Bloomington IL Can Help
Contracts that do not comply with the law or contain terms that are not understandable may not always be enforced if challenged. Ambiguous contract language is supposed to be interpreted in favor of the non-drafting party. If you signed an agreement that was given to you on a take-it-or-leave-it basis, then any ambiguities in that agreement should be interpreted in your favor.
Regardless of the type of agreement or the amount involved, it is helpful to consult with a contract lawyer Bloomington IL who is a skilled negotiator.
The Art Of Negotiating
Agreements often involve negotiations, and for the agreement to be enforceable there must be an offer, acceptance of that offer, and consideration. The consideration does not need to be fair but some value must promised, otherwise it is merely a gift.
If one party does not accept the initial offer, but instead offers a different proposal, this is called a counteroffer. Negotiations can involve several counteroffers before an agreement is reached.
It is important to understand that a counteroffer acts as a rejection of the previous proposal so the other party can end negotiations and/or negotiate with another party. This frequently happens in real estate transactions when the seller receives multiple offers.
Negotiations are mostly about leverage and risk assessment. Anyone can throw out numbers back and forth, but being a good negotiator requires strategy, knowledge, and reputation.
When Is It Necessary To Hire A Contract Lawyer Bloomington IL
The short answer is “before you sign anything”. If you are planning to start a new job, open a business with a partner, or enter into any other type of important agreement, it is in your best interest to consult with a contract lawyer Bloomington IL first. Whether you want help drafting an agreement or you simply want to make sure the terms are fair and you understand them, click here to meet with an experienced Contract Lawyer Bloomington IL.
Consulting with a Contract Lawyer Bloomington IL can help you gain a clear understanding of the document’s terms and what you should expect if disputes arise down the road.
Additionally, if you have legal concerns about an existing contract, you might want a contract lawyer to review it or resolve the disagreement. Click here to meet with an experienced Contract Lawyer Bloomington IL if you need assistance with any of the following in Illinois:
-Drafting or reviewing a contract. -Negotiating a new agreement or revising an existing agreement. -Advice on legal matters relating to contracts. -Enforcing the terms of a contract. -Resolving a contractual dispute.
We are here to help. Our office is located in Bloomington IL, but we help people and businesses outside of McLean County as well.
