Contracts are the legal documents that bind the legal terms, agreements, and conditions of a project and deal. There are several types of contracts, for instance, business contracts, cost-plus contracts, unit price contracts, time and materials contracts, bilateral contracts, unilateral contracts, implied contracts, simple real estate contracts, employment contracts, unconscionable contracts, property contracts, adhesion contracts, aleatory contracts, cost-reimbursement contracts, etc.
And when we talk about the contracts for different natures. Business contracts also range for a variety of industries and niches, i.e., for engineering, sourcing materials, construction, etc.
But you must be asking yourself, why do I need a contract? Well, the need for a contract is obvious. It is generally created to set an agreement between the parties to avoid misunderstandings and disagreements. Despite having a contract that legally binds two parties to a thing, the rise of contract disputes is greater than ever before.
There could be plenty of reasons for people not agreeing to the situation or later finding out the irrelevancy that leads to disagreement. This is where businesses, companies, and individuals require a way out to settle contract disputes before they get too big to control.
Although, if you find yourself involved in a contractual dispute, seeking assistance from a professional legal advisor Dubai will certainly help. At the same time, some result-proven ways help solve contractual disputes and further sort out the case. Knowing this is pivotal as it helps you solve the agreement and avoid conflict escalation and eventually litigation.
Here’s How to Avoid Contractual Disputes in Dubai – The Game-Changers
While it is important to take precautionary measures to avoid contractual disputes, it is fairly important to know the legal preceding that can be taken against you if you are found guilty in the case. Therefore, it is pivotally significant to be self-aware and know all the possible steps that must be taken beforehand to avoid any misleading and ruining contractual dispute cases.
1. Documenting the Contract
The first and probably the most important is to document the contract beforehand. For this, if you have a contractual lawyer on your side or as a dedicated resource, documenting the contract becomes easier and more convenient.
Your legal consultant is a professional individual who knows and understands all the bits of information regarding the contract involvement and its potential leadings. They will responsibly document the contract and then include the clauses necessary to protect your rights and property. This is what leads them to negotiate in the future if there is a contract void or potential dispute.
2. Ensure All the Necessary Clauses
A contractual agreement must be drafted or documented in such a way that it includes all the necessary information for the protection of property and rights in the future. Therefore, it is of paramount importance to add or include all the clauses that will ensure your rights are protected in the future.
As for an individual coming from an unprofessional background, this will be a daunting or nearly impossible task to do. However, a contractual lawyer from your side will hold strong expertise in the case and, therefore, will devise the clauses necessary to protect your rights or property from any unfortunate turn of events. For example, any potential contract must include the following;
- The use of recitals to set out a summary of the parties’ intentions and desires.
- Defining and succinctly explaining all the technical terms or jargon used in the contract to avoid any misinterpretation.
- Avoid using multiple issues in a single clause.
- Try using a separate and new clause for each highlighting issue.
3. Include Standard Terms
As a business owner, it is important to understand all of the standard terms that you might require for your business. Therefore, it is advised to include standardized terms and conditions that help you create new terms and contracts with new clients. Adding terms and conditions for new clients will become a reason for potential disagreement. On the other hand, not understanding the terms and irrelevancy would lead to disputes regarding the standard terms.
4. Devise Mechanisms to Resolve Disputes
Regardless of how well the contract is and how well you have thought for the draft, the occurrence of disputes is inevitable. Certainly, disputes may arise, so a solid mechanism to resolve the dispute becomes mandatory. This mechanism will decide where the provides will clarify the dispute and how parties can work together to sort out the dispute.
While creating the contract, adding a jurisdiction or dispute resolution clause in a significant solution-driven way will identify how and where the resolution will work.
5. Add Timeframes Carefully
Contractual agreements require careful drafting of timeframes to avoid any obligations that might arise in the future and affect the contract. However, in order to create effective contract management, having a myriad of additional dates should be logged and tracked. Upon failure to comply with the contractual timeframes, disputes may arise that need to be resolved before further escalation.
However, it is pivotal to note that certain contract remains valid for a fixed time. For example, when creating a contract for a retail business in which prices are subject to increase on several factors, the timeframe must be added in clauses or sub-clauses for goods and services. And there is usually a time limit on certain representations and warranties so that they cannot be relied upon indefinitely.
The Final Words
Hiring qualified, certified, and experienced contractual lawyers who understand all the ins and outs of laws and regulations will help you avoid future uncertainties. Not only will it help you save hefty costs, but it will also help you save time and stress of getting into legal disputes. The professional lawyer or advocate will protect your interests in the first place by documenting the clauses in the contracts that best serve your interest. So, the essential step is to look out for the best agency or lawyers that help you with all the legal compliances to give sustainability and legal security.