Contract Drafting and Review Lawyers in CA

Careful counsel for precise and effective contracts

At Garcia & Gurney, A Law Corporation in Pleasanton, our business law attorneys take the time to understand the goals for your transaction and to design an agreement designed to achieve them most efficiently. We include clauses too protect your rights and build in contingencies to minimize your risk. We also review contracts, both before you sign and on an ongoing basis, to ensure they serve your interests. Clients who retain our contract services can be sure that the terms of their agreements capture their intentions for the transaction and include effective enforcement mechanisms.

Standard clauses in business contracts

Contract law has evolved to the point where many transactions are secure with mere “boilerplate” contracts, containing key terms that cover matters, such as:

  • Confidentiality
  • Limitations on liability
  • Indemnification
  • Governing law
  • Requirements for alternative dispute resolution
  • Force majeure
  • Terms of payment 
  • Termination

But every transaction is unique, so parties often have concerns that standard clauses cannot adequately address. We apply our skills to developing contractual terms specifically suited to your circumstances and include measures for addressing contract disputes that may arise.

Elements of a valid contract in California

A valid contract is one that is binding on both parties and that gives each enforceable rights against the other. To be valid in California, a business contract must contain the following elements:

  • Mutual consent — The parties must voluntarily assume their obligations under the agreement. There cannot be fraud, coercion or unconscionability in the signing.
  • Consideration — Also known as “quid pro quo,” consideration is cash or other value given in reliance on the promises contained in the contract.
  • Capacity — Each party must have the capacity to enter a contract. Most often in a business context, it means that a signatory has the authority to bind the company he claims to represent.
  • Lawful purpose — Parties cannot be bound by an agreement to do something illegal.

Failure to comply with these requirements can lead to a contract being voided, so that it can’t be enforced.

The role of negotiation and review in contract services

Each party to a contract is seeking to profit, so any deal has to be mutually beneficial to be accepted. Negotiation is the process of maximizing your benefits without placing undue burdens on the other party. Our business law attorneys take the time to get to know your enterprise and the importance of the transaction to your business strategy. As negotiators, we work with our clients to develop key demands and to set a range of prioritized goals. We also make sure to understand the other party’s positions, so that we can find workable solutions for any impasses.

During review of an agreement after preliminary negotiations, we make certain that it achieves our client’s goals, is structurally sound and does not expose our client to unreasonable risk. After fine tuning, we review the final contract to be sure our client is getting the benefit of their bargain.

Contact our Pleasanton business lawyers for California contract services

The business transaction lawyers of Garcia & Gurney, A Law Corporation in Pleasanton negotiate, draft, and review all types of contracts in Alameda and throughout California. Call 925-468-0400 or contact us online to schedule a consultation.