The Process of Contract Drafting

Contract Drafting

A contract can either be verbal or writing and may be enforced by a court of law. However, a written contract is more trustworthy because a written contract does not depend only on one party’s word against another. Hence. This post aims to assist readers who are desiring to enter into a contract deal with employers but are having difficulties with where to start and the most suitable kind of language to use in drafting their own agreement or negotiate a better deal in a contract that is provided to them by the employer.

Drafting a Contract – Where to Start

In a situation whereby it is possible, it is wiser to use a contract that is customized to your profession or field as this will contain terms that are applicable to your area of profession or field. The association of your profession is the best place to start. Some associations sell standard contract forms that are specific to a profession to non-members.

Alternatively, you could also engage the service of a lawyer to draft a contract for you. Some employers that engage a number of independent contractors may utilize a standard form contract for their business. In such case, you can either accept the contract as it is or negotiate to change the provisions.

Contract Language

Contract language needs to be as simple as possible. It does not need to sound complicated. As a matter of fact, the simpler the language, the more easily the parties involved in the contract deal can understand it. Misunderstandings will also be less likely. In this light, if you want to use a lawyer to draft a contract, ask them to use plain, simple English and ask them to explain anything that you find confusing to your understanding.

Vital Tip

Contracts usually make use of language like ‘the principal’ and ‘the contractor’. This is often utilized for convenience in drafting standard form contracts. However, you might find it easier to use your name and the name of your employer. You might also consider making use of computer software to make it easier for you to draft contracts. This will afford you the opportunity to personalize your contract.