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Contract Law

Contract law is one of the fundamental areas of the law. It governs most-if-not-all of our most important relationships – from marriage, employment, real and personal property ownership, and services. Contract law should concern any person or business as it determines how parties to any contract will need to keep the promises being made.

Simas & Associates, Ltd. provides California contract law representation. Negotiation, drafting, revising, amending, enforcing, and disputing contracts are often at the root of any dispute. Thus, we are focused on providing thorough and robust representation when called upon to represent a client and their contract.

In representing our client, we want to make sure that all interests are protected and that all foreseeable harm and liability exposure is avoided, to the fullest extent of the law. We are ultimately attempting to address any point in contention between parties to help avoid being sued. We are attempting to avoid the client having to perform when they are in a position where they do not want to perform. And we are attempting to avoid having to litigate a dispute due to confusion, silence, or misinterpretation.

As a result, Simas & Associates, Ltd. believes and advises our clients on contracts using Ten Fundamental Rules of Contract Law:

  1. The contract is always interpreted against the interests of its drafter.

  2. Read and understand every aspect of the contract.

  3. Know the other party to the contract – their finances and their contract performance history.

  4. Conduct a cost-benefit analysis as to the terms of the contract.

  5. All terms of a contract are subject to negotiation prior to signing.

  6. Changes to a contract must be made in writing.

  7. Oral communications made by either party, prior to signing or during performance, are unreliable.

  8. Never assume your failure to perform under the terms of the contract will be excused.

  9. Maintain good records of performance during the contract.

  10. Maintain ongoing communication with the other party of the contract throughout performance.

Use of these rules at the foundation of all contracting efforts helps us ensure our clients of a contract that reflects the relationship they are seeking. To learn more about Simas & Associates, Ltd. and our contract practice, please contact us today.