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Understand Your Contract Before You Sign

Contracting parties in Nevada should make sure they understand the provisions and terms of an agreement before signing. Parties rely on well-drafted contracts to clearly define their obligations and how potential disputes will be handled. The terms should be specific and define everything. The specific obligations each party has to the other should be listed. The payment terms should be listed, and details about handling disputes should also be included. Understanding all of the terms before signing can help parties to protect themselves. 

What to Consider When Creating a Contract

When drafting a contract, a party should consider several things to ensure the contract terms work. If a contractual provision does not work, the party should try to negotiate more reasonable terms. 

The parties should review the proposed time frame of the contract to ensure that they will be able to meet their obligations and that it conforms to their needs. The exact scope of work/services should be considered before establishing a completion date. 

Prices should be clearly listed. A party should be careful of any additional charges that have not been previously discussed. If extra work might be necessary, a party should ask how the listed prices might change and include a provision about them. 

The parties should consider the payment terms to determine whether they are appropriate for their situations. For example, a party might not want to agree to a contract that calls for payments at the same time that the company’s other bills come due. Late payment penalties should be reasonable and clearly defined.

Prior oral agreements about goods or services should be memorialized in the written contract. Once a written contract is signed, prior discussions will be unenforceable.  It is crucial that all material terms be included and unambiguious. 

Any process described in the contract should be understood to ensure it conforms with all industry regulations and laws. If the parties cannot agree to the final terms but must begin work immediately, they might create an interim agreement that will only last until a permanent contract can be negotiated.

Finally, the parties should understand how any potential disputes will be handled. Some contracts contain arbitration clauses, which mandate that disputes are handled through arbitration instead of court.  It is important to understand the implications of an arbitration clause and the fact that a party might be waiving its right to a jury trial.  Some contracts will have mediation provisions that would require a mediation to occur prior to any litigation. Methods of resolution should be carefully considered and negotiated so that they do not unfairly benefit one party over the other. 

It is beneficial to have an attorney review any complex contracts prior to signing.

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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