Three Features of Contracts That Can Easily Lead to Disputes

22 January 2021
 Categories: Law, Blog

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Contracts that state clearly what is expected of each party are optimal, but legalese has a way of making contracts a lot more complicated than people would like. That, unfortunately, can lead to disputes as people interpret items in the contract in different ways. Some features of contracts are more prone to disputes than others. These three in particular need to be hammered out to everyone's satisfaction before anyone signs because they could create many more problems.

If you've already got a signed contract and have now run into issues, you need legal help as soon as possible. Despite what you signed, there could be laws that render part of the contract illegal or that take precedence over what either you or the other party want.

Equal Notice of Termination of Contract

It's best if both parties get equal notice of termination. In other words, if one party wants to end the contract by giving the other party 10 days' notice, the other party should have the same terms if they want to end the contract. All too often one of the parties has a little more power in the situation and wrangles a better term, such as they can give 10 days' notice, but the other party has to give 30 days' notice. If you've ended up with the worse terms and really need out of the contract, you need to speak to a contractual dispute attorney.

Non-compete Agreements

Non-competes are kind of hairy in that many companies place excessive demands on employees in terms of restricting how or where they can work after quitting. States have started placing more restrictions on the use of NCAs because of the excessive problems. Whether you're trying to sign a contract now or are currently trapped in one with an onerous NCA, contact a contract attorney to solve the dispute. The attorney can ensure the NCA is within the law in your state, or if it's not, the attorney can help you get better terms.

Rights and Intellectual Property

Some employers want the rights to anything you create while in their employ if the item is related to your work or was created using employer-provided tools. Other employers want the rights to anything you create even if the thing has nothing to do with your work. Intellectual property and rights to content and creations are complicated and need a lot of negotiating. You never want to sign away rights without consulting an attorney; if you've already signed them away, however, and feel there was something off about the deal, you need to get legal assistance when you dispute the terms of the contract.