Are Boilerplate Contracts Good Enough?

This question can be answered with one word: No. Any contract that you sign has legal rights and obligations that become binding on you once the document is signed. There is no such thing as a boilerplate document that can accurately capture your own business situation. Every business agreement should be the subject of negotiation between you and the other party that captures your own arrangement.

For your business, the problem happens when there is a dispute over contract performance. The first place that you would go is to the language of the contract. If the clauses do not reflect your own specific situations, it would both cause you legal risk and uncertainty. Then, there is nothing that you could clearly point to as supporting your own position.

If the clear language of the contract does not cover your dispute, the judge would need to interpret the agreement. They could try to interpret the language of the contract, or they may introduce extrinsic evidence to show what the two parties really meant when they signed the agreement. The judge may look to your course of dealing with the other party.

Either way, there is a real risk that you may not get the benefit of the bargain to which you thought you agreed because you have lost control. You are better off negotiating a contract with the other side that reflects your situation, even if it costs you more money. You will end up saving and reducing your risk in the long run.

Contact an Atlanta Contracts Law Attorney

An experienced attorney can save you time and hassle when they draft or review your business agreements. Call Battleson Law at 470.766.8011 or message us online to get the legal help that your business needs.

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