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Thoughts and Tips (continued)
Almost every written contract should contain provisions to
require the other party, if they breach the agreement, to
reimburse you for your attorney fees. Businesses that make
proposals, for selling manufactured items or providing services should have that provision in each separate document including the proposal and if there is a later written contract, in that
contract.
Interest at 8% can be requested in Court in certain limited
situations where a contract does not provide for interest. It is
better to set your own reasonable interest rate, 12% to 18%
generally, and have that be a specific written term of all
contracts where you are supplying goods or services. This often gives you some extra leverage in negotiations with an individual or firm owing your business money, as you can point to the
requirements on attorney fees and interest and explain how much more expensive that it can be for them, should they fail to take care of their payment responsibilities.
Language for attorney fees and interest should be added to your contracts, only with the assistance of an attorney who handles business matters to ensure its correctness. This language can be too beneficial for an individual to try himself or herself and do it incorrectly.
Often a business can make an offer to provide goods and/or
services on their proposal form, containing their contract terms, and then the other party sends a purchase order with their own contract terms. The conflicting terms may void part or all of the first party’s purchase order terms. Businesses must have good contract terms and should, where they can, insist on the use of their own terms.
Lengthy and detailed employment manuals are not always best. They can result in more litigation than they avoid. Short, well written manuals on only the areas necessary for your business are best. They should be prepared or at least reviewed by an
attorney knowledgeable in the writing of employee manuals and their use.
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