There are various types of disputes that may arise over a contract. One example concerns the construction of the document, or how it was drafted. In courts of law, there used to be many successful arguments that a person did not write the contract and therefore did not know what they were signing. Some have also argued that a contract with unfair terms drafted by a layman, i.e., someone without a legal background, should not be enforced.
However, there are now many sneaky terms that are added to contracts to prevent these arguments. In any case, the best way to avoid these types of legal battles is to review contracts with a skilled attorney before signing or asking someone to sign. At Sparks Law, we can provide guidance and representation in construction disputes for Atlanta contracts.
The construction of a contract, or how and by whom it was drafted, can be a legal point of contention. If a contract is written in a way that is harmful to the signer, they could argue that the court should not enforce the unfair terms because that person did not write any of those terms.
However, many people benefit from the fact that most people do not read contracts carefully and do not have a legal education. Many contracts now contain specific terms to prevent construction disputes. If a person does not understand what they are agreeing to and still sign it, it may be an uphill battle for them to get out of it. As such, it is critical to speak with an experienced attorney at our Atlanta office to discuss the construction of a contract before signing.
An easy example of this is a person signing a lease to rent a place for $1000 a month. Say that they did not read the terms of the lease closely and receive an $8000 bill for property taxes. The renter may argue that they have never seen a lease with property taxes on it, while the landlord argues that they signed agreeing to pay the $8000.
The renter could argue that because they did not write the contract and do not have a background in leases, the court should not force them to adhere to the unfair terms. This argument may work unless there is another contract term put in that says it does not matter who drafted the document. Some contracts may have clauses stating that everyone agrees to and understands the terms, thereby preventing signers from certain construction arguments.
In a dispute over the construction of a contract, it is essential to work with an attorney who deeply understands the laws at play. Take the example above. If we were representing the defendant, our skilled lawyers would work to interpret the law against the drafter of the contract by finding loopholes or legal ambiguities in the terms.
For instance, the contract might say that the tenant needs to pay property taxes, but it might not establish a deadline. Our savvy attorneys would then argue that although the defendant is accountable to the terms of the contract, there is not limit on when they pay the property tax. There are various loopholes in the construction of a contract that a skilled lawyer could take advantage of, so it is crucial to get legal representation when disputing a legal document in Atlanta court.
Making an argument over the construction of a legal document requires experienced legal counsel. These types of disputes involve many legal complexities and nuances, so it is important to work with an attorney who specializes in contract law.
The legal team at Sparks Law is experienced in handling construction disputes for Atlanta contracts and can help determine an effective strategy for your particular circumstances. If you are the victim of unfair contract terms, or if you are trying to enforce an agreement that someone else signed, give us a call today.