Michael J. Lucas & Associates, LLC assists businesses and individuals with agreements designed around the actual relationship rather than relying on generic forms that may not address the important risks.
Start With the Business Deal
Good drafting begins by understanding what the parties are trying to accomplish. Who is providing what? When is performance due? How is payment calculated? What happens if assumptions change? Who bears particular risks? Can the relationship be terminated?
A contract that does not reflect the real deal can create more problems than it prevents.
Clear Rights and Responsibilities
Depending on the transaction, an agreement may address scope of work, payment, delivery, acceptance, warranties, confidentiality, intellectual property, insurance, indemnification, limitation of liability, restrictive terms where lawful, dispute resolution, termination, and remedies.
Not every contract needs every clause. Unnecessary provisions can make an agreement harder to understand and may create conflicts within the document.
Planning for Problems Before They Happen
Contracts are most useful when they address predictable points of friction. What happens if payment is late? If work is delayed? If a party wants out? If ownership changes? If confidential information is misused? If a dispute arises?
Answering those questions during drafting is usually easier than answering them after the relationship deteriorates.
Illinois Law and Enforceability
Some contractual provisions are limited by statute or public policy. The type of contract, parties, industry, and subject matter can affect enforceability.
The law governing sales of goods can also differ from ordinary service contracts. Consumer transactions, employment related agreements, leases, construction contracts, and other specialized arrangements may require additional review.
Avoiding Template Problems
Online templates may contain provisions written for another state, another industry, or a transaction that only resembles yours on the surface. They can also contain contradictory terms or leave important blanks in the risk allocation. A tailored agreement should use the client's actual business terms as the starting point.
If you need a contract prepared for a new relationship or transaction, Michael and his team can help identify the important legal and practical issues and prepare an agreement that states the parties' responsibilities clearly.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.