5 Tips for Examining a Contract and Identifying Red Flags

Introduction

Contracts are a vital part of any business, whether working with clients or contractors. They help establish boundaries, outline expectations, and responsibilities, and ensure that everybody is on the same page. But even though they can be crucial tools in ensuring smooth business operations, they can also contain hidden dangers that could cost you time and money if you don’t take the proper precautions.

5 Important Tips for Examining a Contract and Identifying Red Flags

1.     Pay Attention to Dates and Signatures

If all parties do not sign the contract, it is invalid and unenforceable. If there are signatures from each party on the document, then it may be valid and enforceable. However, you should ensure that the signatures are authentic and not forged. To ensure no forgery in the contract you can utilize available tools such as forensic handwriting analysis to ensure the contract signatures are valid.

2.     Examine the Contract Language Carefully

The language of a contract may look fine at first glance, but it’s essential to take a closer look at how it’s written and understand what each word means. Some terms may be confusing, such as “settlement” and “payment.” When you read through the contract, look for any words or phrases that may leave room for interpretation or ambiguity. If any terms could lead to confusion later on down the road, consider clarifying them in writing, so there’s no question about what was agreed upon by both parties.

3.     Make Sure the Contract Is in Writing

It is vital that any contract being considered part of your negotiation process be in writing. If any agreements or understandings need to be made verbally, then they should be put into a written format so that everyone understands where they stand on those issues. Also, if you want to use an oral agreement as part of your negotiation process, then make sure it is documented in writing so that you have proof of what was said during negotiations.

4.     Review the Contract Before Signing

One of the first things you should do before signing any contract is to look at them yourself. Even if you’re working with someone familiar with contracts, take a moment to read through them before signing anything to ensure neither party is missing anything important. This will save both parties time down the road and prevent misunderstandings later on if something comes up after signing.

5.     Spot Any Inconsistencies

If there are any inconsistencies or omissions in a contract, address them immediately and ask why those details weren’t included in the contract itself instead of waiting until after everything has been signed and sealed.

Mistakes to Avoid When Signing a Contract

Not Reviewing the Fine Print

A contract is a legally binding document that should be reviewed carefully. If you don’t, you could give away necessary rights or make promises you can’t keep.

Failing to Read the Entire Document

It’s easy to get excited about a new contract, but you could be in for a surprise if you don’t read it thoroughly. Many contracts have fine print that will make it impossible for you to fulfill your end of the bargain.

Signing Without a Witness or Notarization

If you sign a contract, make sure it is notarized. If you are going to sign a contract in the presence of a witness, make sure that person is knowledgeable about what they are witnessing.

Not Negotiating

Many people make the mistake of thinking that it becomes unchangeable once they sign a contract. This is not true. You can always negotiate with the other party to get them to agree to more favorable terms for your business needs. When you’re negotiating a contract, do it right. Believe it or not, there are things you can do to make sure your company is getting the most out of the deal. For example, if negotiating a contract with a client, tell them how much you think they need and why.

Things You Should Look For in a Contract Before Signing It

•           Rights and responsibilities of each party

•           Overview of the situation: What is the purpose and duration of the contract?

•           Breach and Remedies

•           Arbitration clause

•           Termination clause

•           Dispute-resolution procedure

•           Force Majeure agreement

•           Indemnity clause

•           Applicable laws and jurisdiction

Conclusion

If you want to avoid legal problems, heed the advice from these contract red flags. You may not be able to handle every situation independently, but at least you’ll know what to do or who to contact about your particular situation.