A government contract is a big deal for most businesses because it offers an opportunity for them to grow and expand their horizons. However, it might come with a set of challenges. But just like other business engagements, it helps to have a legal document governing operations and transactions.

A quality government contract addresses all possible legal concerns that might arise between the parties. Seasoned business lawyers in Central Florida can guide you in drafting one and ensure that it adheres to all the standard legal procedures.

Are There Important Considerations for Drafting a Government Contract?

Before you draft a contract, it is critical to ensure that the legal aspects are favorable for you and your business. A seasoned Daytona Beach federal government contractor lawyer could ensure that:

  • The budget attached to your obligations does not exceed the government entity/agency’s limit
  • All procurement requirements are met
  • The terms of the contract do not limit or unlawfully delegate the legislative power of the government entity
  • The government has no obligation to improperly indemnify third parties
  • The agreement does not inadvertently or expressly waive any entitlement to sovereign immunity
  • The government agency met all the procedural notice and posting requirements
  • The power of the signatory can bind the government
  • The entity has implied or expressed authority to enter into the contract

Contracts that are not legally favorable could be detrimental to you and your business. So, you don’t want to waste time drafting a contract you cannot enforce or one that might come with legal issues sooner or later.

What is the Procedure for Drafting a Quality Government Contract?

Drafting the ultimate contract is not always easy. You might draw several drafts and negotiate before the final contract is ready to be signed. The revisions are usually done to make the final agreement concise, clear, and aligned with the parties’ intentions.

The drafting stage of the contract offers an opportunity for you to discuss the terms before it becomes binding. Legal disputes might not arise if you invest time and resources to draft a quality contract. But if issues arise, the contract will show each party’s original duties and obligations.

What are the Common Terms and Conditions Used in Contract Drafting?

Terms and conditions are essential attributes of a good government contract. Their purpose is to make parties aware of:

  • The duties to refrain from to avoid breaching the contract
  • The duties they are obligated to perform
  • The events that trigger conditional consequences

Some of the terms and conditions to be included in a government contract include:

  • Liquidated damages clause
  • Severability clause
  • Time is of the essence clause
  • Choice of law and forum selection
  • Warranties
  • Confidentiality
  • Assignment
  • Indemnification
  • Arbitration clause
  • Force majeure

Business persons should ensure that the terms and conditions in a government contract do not jeopardize their profitability. It is also important to include clauses that protect you and your business if things go south.

At What Stage of the Contract Drafting Do I Need a Lawyer?

While you can draft your own government contract, it helps to do it with the help of a legal expert. Notably, the parties decide how the contract will be drawn. The lawyer’s role is usually to ensure that the document’s contents are legally valid and binding.

But if you didn’t begin the drafting process with a Daytona Beach federal government contractor lawyer, you can still bring them on board later. For instance, you can ask the attorney to review the final document before signing.

What is the Importance of a Draft Review?

A contract is the most critical evidence when legal disputes arise from a government contract. It is the first document to be consulted whether the dispute is settled in court or outside the courtroom. An experienced Daytona Beach federal government contractor lawyer can review your government contract to ensure that it is in line with what you want.

Business contract lawyers know exactly what to look out for in a contract. They could recommend amendments to improve the quality of the draft. In the review, the lawyers check whether the contract:

  • Complies with the provisions of the law
  • Defines technical jargon used
  • Uses straightforward language
  • Uses ambiguous terms
  • Is clearly written

What Should Consider When Hiring a Lawyer?

Not every attorney has the expertise required to guide you in drafting a government contract. It is vital to conduct a background check of the legal expert you are considering before deciding to work with them. You need one that can:

  • Identify or reinforce protections for you to use as defense or for taking action in a breach
  • Incorporate terms and conditions that could be beneficial to you and your business
  • Ensure that each term and condition included in the contract is exactly what you intended
  • Ensure that your duties and obligations and those of the government are clear
  • Prevent the formation of an unconscionable, illegal, and voidable contract
  • Help you avoid contract disputes now and later

The biggest risk you can ever take is hiring a lawyer who doesn’t understand government contracts. Make sure that the money spent on legal fees gives you value. It might seem like a slight delay when all you want to do is sign the contract and move forward with the deal, but it could be worth it.

Lawyers Offering Legal Counsel for Business Owners

Government contractors need legal guidance at every stage of the contracting process. It is easy to make costly mistakes in the drafting solicitation up to the final audit stage. Businesses are better off solving problems before they become deal breakers

You need someone who can proactively handle legal and compliance problems arising in the pursuit, performance, and close-out of government contracts. We can ensure that your business is successful by safeguarding your legal interests. Talk to us today, and we will address all your contract needs.