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1. 9COMMERCIAL
CONTRACT DRAFTING TIPS
When you’re drafting a contract, you’re setting the boundaries and
expectations for a business relationship that may continue for years and
years. It’s critical that you get the details right. Here are nine contract
drafting tips that will help you go from handshake agreement to signed
contract.

2. 1. Start with an
Outline of the Deal
Before you start working on the actual
language of the contract, you need to
make sure you are clear on what the deal
is you are trying to memorialize.

3. 2. Choose a Template
to Get Started
There’s no need to stare at a blank
page. You can start with a template
or a similar contract you’ve used in
the past. However, you need to
make sure you change details such
as the party names. Make sure all of
the information from your outline
makes it into the contract, and that
any references other parties are
eliminated.

4. 3. Choose
Clear Language
Commercial contracts are more
effective if they are easy to
understand. Your goal is clarity.
Use precise language. Don’t be
afraid to include a list of definitions
to make sure everyone has the
same understanding. Any ambiguity
is a seed for a future conflict.

5. 4. Be Consistent
with Terms
Contracts need to be clear, but they also
need to be consistent. It’s okay if the
contract is boring. It’s not supposed to
be riveting reading. Don’t use
synonyms. Use the exact same words
the same way throughout the document.

6. 5.Be Concise
The first rule of excellent
writing is: Omit needless
words. Extra words not only
make a contract longer than
necessary, but they may also
subtly alter the meaning of a
key clause.

7. 6.Define
the Parties
The best practice is to define the
parties in the first paragraph and
announce how they will be referred to
in the rest of the contract. For
example, you will want language
similar to this:

8. 7.Define
the Purpose
of the Contract
It may be clear to you know what the purpose of the contract
is, but it may not be clear in three years after you’ve been
promoted and someone else is trying to make sense of the
contract you left behind.

9. 8.Dispute
Resolution Clause
Not every contract is going to have a happy
ending. You need to draft a dispute resolution
clause that outlines how the parties will handle
any disputes.
You may want to require mediation or
arbitration instead of litigation.

10. 9.Draft with an
Eye on Future
Litigation
When drafting a contract, you need to imagine the entire
lifecycle of the agreement.
This includes drafting with an eye towards the potential of
future litigation. The document you are writing may end up
in court being interpreted by a judge or a jury.

11. THANK YOU