The essential guide on how to create a contract

Introduction

Contracts are legally binding agreements that outline the terms, obligations, and rights of the parties involved. Whether you're running a business, hiring a contractor, or entering into any formal arrangement, having a well-crafted contract is crucial to protect your interests and avoid potential disputes. In this comprehensive guide, we'll walk you through the essential steps to create a legally binding contract that safeguards your rights and ensures smooth transactions.

What is a Contract?

A contract is a legally binding agreement between two or more parties that creates obligations enforceable by law. Contracts can be written or verbal, although written contracts are typically preferred as they provide clearer terms and evidence of the agreement.

In a contract, each party agrees to perform certain actions or provide certain goods or services in exchange for something of value, such as payment, goods, services, or other considerations.

Contracts are essential in business transactions, employment relationships, real estate deals, and various other contexts to establish the rights and obligations of the parties involved and to provide a legal framework for resolving disputes if they arise.

What makes a contract legally binding?

For a contract to be legally binding, it typically needs to meet the following essential elements:

1. Offer and Acceptance: There must be a clear offer made by one party and an unambiguous acceptance of that offer by the other party. The terms of the offer must be definite and certain, and the acceptance must mirror those terms.
2. Consideration: Consideration refers to the exchange of something of value between the parties. This could be money, goods, services, or a promise to do or refrain from doing something. Without consideration, a contract may be deemed invalid or unenforceable.
3. Intention to Create Legal Relations: Both parties must intend to enter into a legally binding agreement. This intention can be inferred from the language used in the contract and the surrounding circumstances. Agreements made in a social or domestic context may not be considered legally binding due to the lack of this intention.
4. Capacity: The parties involved must have the legal capacity to enter into a contract. This typically means that they are of legal age, mentally competent, and not under the influence of substances that could impair their judgment.
5. Legality: The subject matter of the contract must be legal. Contracts involving illegal activities, such as those related to drugs, fraud, or violence, are not enforceable by law.
6. Formalities: Certain types of contracts may require specific formalities to be legally binding. For example, contracts involving the transfer of land or interests in land often need to be in writing and signed by the parties. Some contracts may also require witnesses or notarization.
7. Free Consent: The parties must enter into the contract without any undue influence, misrepresentation, duress, or coercion. If one party's consent was obtained through fraud or under threat, the contract may be voidable or unenforceable.

Common types of contracts

There are various types of contracts tailored to specific situations and industries. Here are some common types:

1. Simple, standard business contracts

A simple, standard labour is a legally binding agreement between two or more parties that outlines the terms and conditions of a business transaction. These contracts are typically used for straightforward business deals and contain basic provisions that govern the rights and obligations of the parties involved.

Such contracts may cover various aspects of a business arrangement, including the sale of goods, provision of services, partnership agreements, employment agreements, or other business relationships.

Examples of simple, standard business contracts include purchase agreements, service contracts, nondisclosure agreements (NDAs), rental agreements, and employment contracts. These contracts provide a framework for conducting business and help ensure that all parties understand their rights and obligations in the transaction.

2. Express contracts

An express contract is a type of contract in which all the terms and conditions are explicitly agreed upon by the parties involved. Unlike implied contracts, where the agreement is inferred from the circumstances or conduct of the parties, express contracts are formed when the parties directly communicate their intentions and reach a mutual understanding of the terms.

Examples of express contracts include:

• Sales contracts
• Service agreements
• Employment contracts
• Lease agreements
• Construction contracts

In summary, express contracts are formed when the parties explicitly agree to the terms and conditions of the agreement, either verbally or in writing. They provide clarity and certainty to the parties involved and serve as a legally enforceable framework for conducting business transactions.

3. Lump-Sum Contract

A lump sum contract, also known as a fixed-price contract or a stipulated sum contract, is a type of construction contract where the contractor agrees to complete the entire project for a fixed price agreed upon before the work begins. In a lump sum contract, the total cost of the project is predetermined, and the contractor is responsible for completing all the work within that budget.

Lump sum contracts are commonly used in construction projects where the scope of work is well-defined, and the client prefers a fixed price for budgeting purposes. They provide certainty to both the client and the contractor regarding the total cost of the project and the scope of work to be performed. However, lump sum contracts also place more risk on the contractor, as they must accurately estimate costs and manage any unforeseen expenses without increasing the contract price.

4. Unit price contracts

A unit price contract, also known as a rate contract or schedule of rates contract, is a type of construction contract where the contractor agrees to perform the work at predetermined unit prices for various items or components of the project. Instead of providing a fixed total price for the entire project, the contract specifies prices for individual units of work, such as labour, materials, or equipment, based on quantities or measurements.

Unit price contracts are commonly used in construction projects where the scope of work is uncertain or subject to change, such as infrastructure projects or projects involving excavation or earthwork. They allow for greater flexibility in responding to changes in project conditions or requirements, while still providing a structured framework for pricing and payment.

5. Time and materials contracts

Time and materials contracts, also known as T&M contracts, are a type of agreement commonly used in construction and service industries. In a time and materials contract, the client agrees to pay the contractor based on the actual time spent and the materials used to complete the project, rather than a fixed price or predetermined unit prices.

Time and materials contracts are often used for projects with uncertain or evolving requirements, such as renovations, repairs, or projects with variable workloads. While they offer flexibility and transparency, time and materials contracts can also pose risks for both parties if not managed effectively. It's essential for clients and contractors to establish clear terms and communication protocols to ensure the successful completion of the project within budget and schedule constraints.

6. Cost-reimbursable contracts

Cost-reimbursable contracts, also known as cost-plus contracts, are a type of agreement frequently used in construction, consulting, and other service industries. In a cost-reimbursable contract, the client agrees to reimburse the contractor for the actual costs incurred in performing the work, plus an additional fee or profit margin.

Cost-reimbursable contracts are commonly used for projects where the scope of work is difficult to define or where changes are likely to occur during the course of the project. While they offer flexibility and transparency, cost-reimbursable contracts can also pose risks for both parties if not managed effectively. It's essential for clients and contractors to establish clear terms and communication protocols to ensure the successful completion of the project within budget and schedule constraints.

Simple steps on how to write a contract

Here are some simple steps on how to write a contract:

Step 1: Identify the Parties
Start by clearly identifying the parties involved in the contract. Include their full legal names, addresses, and any other relevant information that establishes their identities and legal capacities.

Step 2: Describe the Purpose
Clearly state the purpose of the contract and the specific goods, services, or obligations that the contract covers. This section should outline the scope of the agreement and what is expected from each party.

Step 3: Define Key Terms
Define all the key terms and conditions that will govern the contract. This may include payment terms, deliverables, timelines, quality standards, warranties, intellectual property rights, confidentiality clauses, and termination conditions.

Step 4: Specify Roles and Responsibilities
Outline the specific roles and responsibilities of each party involved in the contract. Clearly state what each party is obligated to do or provide, and any conditions or limitations that apply.

Step 5: Include Payment Details
If the contract involves financial considerations, include detailed information about payment amounts, due dates, late fees, accepted payment methods, and any other relevant payment terms.

Step 6: Address Dispute Resolution
Specify how disputes or breaches of the contract will be handled. This could include mediation, arbitration, or legal proceedings in a specific jurisdiction. Clearly state the governing laws that will apply.

Step 7: Define Termination Conditions
Outline the circumstances under which the contract can be terminated by either party, such as breach of terms, failure to perform, or mutual agreement. Specify any notice periods or procedures required for termination.

Step 8: Include Boilerplate Clauses
Incorporate standard boilerplate clauses that are commonly used in contracts, such as severability clauses, force majeure clauses, and entire agreement clauses.

Step 9: Review and Revise
Carefully review the contract for errors, omissions, or ambiguities. Make any necessary revisions or clarifications before finalizing the document.

Step 10: Obtain Signatures and Dates
Once all parties agree to the terms and conditions, have the contract signed and dated by all parties involved. This step formally solidifies the agreement and makes it legally binding.

Step 11: Maintain Records
Keep a copy of the signed contract for your records, and consider having it witnessed or notarized, if applicable.

Remember, it's always advisable to seek legal counsel when drafting contracts, particularly for complex or high-stakes agreements, to ensure that the contract is legally binding and enforceable.

Can I make my own contract?

Absolutely! You can indeed create your own contracts, such as service agreements, and customize the details to suit your specific needs, including warranties, using tools like BoloForms Signature. As long as your agreement covers the essential factors outlined earlier and all parties agree to its terms, it constitutes a valid contract.

Whether you're drafting a sales contract, employment agreement, or any other type of contract, platforms like BoloForms Signature offer contract templates for various purposes, providing a convenient starting point for creating your custom agreements. These templates can help ensure that you include all necessary provisions and legal requirements in your contract while allowing flexibility for customization to meet your specific requirements.

Scale up and make a solid contract with BoloForms Signature

Creating a solid contract with BoloForms Signature involves several steps to ensure that your agreement is clear, legally sound, and effectively communicates the terms of the deal to all parties involved. Here's a guide on how to create a robust contract using BoloForms Signature:

1. Select a Template: Begin by choosing a contract template from BoloForms Signature that best matches the type of agreement you require, whether it's a service agreement, sales contract, or employment agreement. BoloForms Signature offers a variety of customizable templates to suit your needs.
2. Customize the Contract: Once you've selected a template, tailor it to fit your specific requirements and the details of your agreement. Replace placeholders with pertinent information such as the names and contact details of the parties involved, the scope of work or services to be provided, payment terms, and any other specific terms and conditions.
3. Incorporate Essential Fields: Ensure that your contract encompasses all essential fields necessary to safeguard your interests and clearly outline the rights and responsibilities of each party. This may include clauses regarding payment terms, delivery or performance requirements, warranties, indemnification, limitation of liability, dispute resolution mechanisms, and termination conditions.
4. Include Digital Signature Capability: BoloForms allows you to integrate digital signature functionality into your contracts, enabling parties to sign the document electronically from any location. Digital signatures are legally binding and provide convenience and efficiency in the contract signing process.
5. Thoroughly Review and Edit: Once you've customized the contract, carefully review it to ensure accuracy, clarity, and consistency. Make any requisite edits or revisions to clarify terms, rectify errors, or address any concerns that may arise.
6. Collaborate and Share: Facilitate collaboration with other parties involved in the agreement by sharing the contract electronically through BoloForms Signature. This enables real-time collaboration, feedback, and revisions, simplifying the contract negotiation process.
7. Finalize and Obtain Signatures: Once all parties have consented to the terms of the contract, finalize the document and procure signatures electronically through the BoloForms Signature dashboard. This finalizes the contract process and renders it legally binding.

By following these steps and leveraging BoloForms' tools and capabilities, you can create a solid, legally enforceable contract that effectively communicates the terms of your agreement and safeguards the interests of all parties involved.

Conclusion

Creating a legally binding contract is a crucial step in formalizing agreements and protecting the interests of all parties involved. By following the essential steps outlined in this guide, you can ensure that your contracts are clear, comprehensive, and enforceable.

While the process of creating a contract may seem daunting, breaking it down into manageable steps can make it more accessible. Start by identifying the parties involved, define the purpose and scope, outline the terms and conditions, and incorporate mechanisms for dispute resolution. Seeking legal counsel, especially for complex or high-stakes agreements, is highly recommended. A qualified legal professional can provide valuable guidance, ensure compliance with relevant laws and regulations, and help you navigate any potential pitfalls.

Ultimately, a properly executed contract not only safeguards your rights but also fosters trust and clarity between all parties, laying the foundation for successful and lasting business relationships. Take the time to create a comprehensive and legally binding contract, and you'll be well-equipped to navigate the complexities of business dealings with confidence.