Lawyer Contract Review

Lawyer Contract Review

When any contract is presented to you for your signature and return, it is best to understand that once you sign the contract and return it, you are wholly and severally responsible for all the clauses in the contract, along with other signatories signing along with you.

After putting pen to paper you or the other parties to the contract cannot renege on the contract and would be bound to carry out all responsibilities according to the terms of the contract and within the stipulated time period.

Reneging on any clause of the contract by either parties would make them liable to face the brunt of the law and if called upon to pay the other parties compensation as per the laid down clauses in the contract.
Hence it would be prudent on your part to employ the professional services of a lawyer or attorney to have the contract reviewed prior to you signing on the dotted line.

It is in your best interests to ensure that under no circumstances should you sign a contract whatever it may be without referring it to a competent lawyer and obtaining the appropriate advice.

The lawyer would go through every detail in the contract and advice you of your rights and privileges as per the contract and would either ask you to go ahead and sign it or refer it back to the other party or parties and initiate the relevant changes pointed out by him.

Your lawyer or attorney would place your interests foremost and would try his utmost to ensure that signing the contract would not be detrimental to your interests.

Your lawyer would either tell you how much he would charge as professional fees for the review of the contract or you would have to request him as to what he would charge for his services.

Lawyer contract review fees would depend entirely on the type of contract and also some lawyers would charge according to the contents of the contract or even based on the value of the contract.

Such fees demanded by lawyers and attorneys have no precedents and would entirely depend how you would negotiate with the attorney or if you have a regular relationship with them the fees could vary.

Some lawyers could charge very high fees for their services hence if you are new to such matters it would be advisable to talk to friends, acquaintances and colleagues before going ahead with such an endeavor.

Having a lawyer go through the contract and then acting on his advice would not only hold you in good stead against any issues detrimental to your interests it would also provide you the advantage of having legal representation by the lawyers in a court of law, if either you are in default or any of the other parties are in infringement of any clauses of the contract.

Having a competent lawyer by your side would give you the confidence to face the law whatever the predicament you are in hence retaining one is in your best interests.

Free Consultation with a Utah Contract Lawyer

If you are here, you probably have a breach of contract matter you need help with, call Ascent Law for your free contract law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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What Are Entirety and Severability Provisions in Contracts?

What Are Entirety and Severability Provisions in Contracts?

Have you ever read a legal agreement or a contract and thought – what does this thing say? Or, why in the world is this paragraph in here? Sometimes lawyers place paragraphs or clauses into agreements that don’t make sense to business owners or managers but make perfect sense to attorneys. Some of the classic provisions that fall into this category are Entirety Provisions and Severability Provisions. I’ll go over both of them in this month’s newsletter.

Entire Agreement

The following clauses below are standard “Entire Agreement” provisions that lawyers regularly use in contracts if they want the contract to be indivisible, or that the contract represents the complete and final agreement, thereby protecting the contracting parties. In other words, the contract supersedes any prior agreements the contracting parties might have made with regard to the subject of the contract whether those negotiations or agreements were in writing, spoken over the phone, or in person.

“Indivisible” means that the entire agreement is taken as a whole or entire document and the breach of any of the parts of the agreement are material breaches and can allow the other party to terminate the contract. Here are some samples:

“This agreement is indivisible as to all of the performances to be rendered under it. Breach of any obligation to be performed by _________________ [party] constitutes a breach of the entire agreement and shall give __________________[other party] the right to terminate this agreement.”

Another Example is:

“It is expressly agreed that this contract constitutes a single transaction between the parties, and if the Buyer fails to pay for any shipment within __________________ days after delivery, the Seller will not be obligated to make any further deliveries and the contract is terminated.”

Another Example is:

“The parties hereto acknowledge that this Agreement contains the entire agreement between the parties

and that any prior discussions or written materials are wholly and completely superseded by this agreement.”

Severability of Agreement

Another clause that is regularly put into contracts is a “Severability” clause. This means that if a court finds that one or more of the provisions contained in the agreement are invalid or unlawful, the remaining parts of the contract will not be affected by that one provision being unlawful or illegal. Here are some examples:

“The performance to be rendered under this agreement is divided into 3 sections: Section A-Excavation and Fill; Section B- Road Construction; and Section C- Landscaping and Cleanup. Breach of any one section by a party shall not affect the rights or obligations of the parties as to the other sections.”

Here is Another Example:

“The obligations under this agreement are severable; the failure of the Buyer to accept delivery or pay for any individual shipment, or the failure or refusal of the Seller to deliver any individual shipment, shall not affect the rights and duties of the parties with respect to the other shipments of goods specified in this agreement.”

Conclusion:

As a business owner or manager, understanding the provisions in contracts is vital. Now you know a little bit more about some of the “standard terms” that are contained in most contracts and agreements. I hope this article has been helpful to you. Please let me know if you enjoyed it; until next time.

Utah Business Law – Monthly Newsletter is written by Michael Anderson, MBA, JD, Attorney and Counselor at Law. Mr. Michael Anderson is licensed to practice law in Utah. This newsletter is published as a service of The Ascent Law• 8833 South Redwood Road, Suite C • West Jordan, Utah 84088. This information is for general informational purposes only and does not constitute legal advice. For specific questions you should consult a qualified attorney.

Free Initial Consultation with Contract Lawyer

When you need a contract Attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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