
What help do you need with a business contract?
Start with the decision in front of you: signing an agreement, responding to a dispute, or assessing an unpaid account. Horgan Law LLC handles contract matters for businesses and individuals in Omaha and Nebraska. Tell us who is involved, whether the agreement is signed, and the next date you have been asked to meet.
A useful first discussion begins with the complete agreement, the changes or payment at issue, and the result you want. Review, negotiation and litigation can involve different work. Ask which phase an engagement would cover and how fees would be addressed before proceeding.
Request a contract consultation or call 402-965-0652. For broader company matters, see our Omaha business law practice.
What should I have ready for a contract consultation?
Have the current agreement and a short timeline available. Include attachments and amendments, identify missing documents, and separate the facts you know from the questions you want answered. The starting materials depend on your issue.
Reviewing or negotiating an agreement
Gather the latest draft, any signed letter of intent, earlier versions showing proposed changes, and the business terms already discussed. Explain your role, the other parties, the proposed signing date, and the provisions that concern you. Identify whether you want an assessment of the draft, proposed revisions, or help communicating with the other side.
Responding to a contract dispute
Organize the signed agreement, amendments, performance records, relevant messages and any demand letter or court papers. Note what each side says happened, when you received a notice, and any response date shown on it. An attorney can assess the legal significance of those dates after reviewing the documents.
Assessing an unpaid business account
Prepare the contract or purchase order, invoices, payment history, credits and records of delivered work. Show the amount billed, payments received and balance claimed separately. Include any objection to the work or amount due. Tell us whether the account involves construction work, an individual guarantor, an existing lawsuit or a judgment.
For a dispute already moving toward court, see our complex litigation practice.
What would a commercial lease review cover?
Describe whether you are the tenant, landlord or a proposed personal guarantor, and whether the lease is a draft or already signed. A review of a proposed lease, negotiations over revisions and a response to a default notice are separate scope discussions.
Which lease documents should I gather?
Have the full lease, exhibits, amendments, letter of intent and any separate guaranty available. Include the rent schedule, operating-expense information, improvement plans and relevant notices. State the property address, intended use, proposed opening date and any deadline presented by the other side.
How is review different from negotiation?
Review focuses on assessing the documents and questions within an agreed scope. Negotiation may also involve drafting changes, discussing terms with the other side and reviewing later versions. Ask whether the proposed engagement includes those additional steps, a separate guaranty, or questions involving construction, permits or an existing dispute.
What should I ask about fees and the next step?
Ask what work is included, what requires a separate assignment, how additional revisions would be handled and whether outside professionals may be needed. The document set, stage of the matter and requested work should guide that discussion.
To discuss an Omaha or Nebraska commercial lease, request a consultation or call 402-965-0652. Have the documents available and ask how to provide them securely before sending financial or sensitive business records.
What is a Business Contract?
If you want your business to have a chance at achieving success, you will need to depend on business contracts and agreements every step of the way from the startup process to whenever you choose to leave your company behind.
A business contract is a legally binding agreement between two or more persons or entities. Understanding business contracts (verbal and written contracts) is easier when you have an experienced legal team to offer legal advice. Horgan Law LLC is here to help you understand all the essential elements of a contract.
Many business owners have tried to enforce their rights against another party without a contract, or with a contract that was written without the help of an attorney. Doing so often reveals significant weaknesses and causes them to think twice about writing a contract alone. It only takes one expensive lesson to learn that you need a professional contract lawyer with knowledge of the complexities involved in drafting and enforcing contractual agreements to protect yourself.
What Makes a Contract Enforceable in Nebraska?
In Nebraska, for a contract to be legally enforceable, it must meet specific criteria:
- Offer and Acceptance: One party must present a clear offer, and the other must accept it unequivocally. This mutual agreement, often referred to as a “meeting of the minds,” is fundamental to contract formation.
- Consideration: There must be an exchange of value between the parties. This could be money, services, or a promise to act or refrain from acting. Without consideration, a contract may be deemed a gift and thus unenforceable.
- Capacity: All parties involved must have the legal ability to enter into a contract. This means they are of sound mind, not under duress, and of legal age.
- Legality: The contract’s purpose must be lawful. Agreements involving illegal activities are void and unenforceable.
- Definiteness of Terms: The contract must have clear and specific terms. Vague or ambiguous terms can render a contract unenforceable.
- Written Form (when required): While many contracts can be oral, certain agreements must be in writing to be enforceable under Nebraska’s Statute of Frauds. This includes contracts for the sale of land or agreements that cannot be performed within one year.
Contract Disputes
What Constitutes a Breach of Contract?
A breach of contract occurs when one party fails to fulfill their obligations as outlined in the contract. This can come in many forms, such as failing to deliver goods or services as promised, not paying for goods or services as agreed upon, or not meeting deadlines. It can also occur if one party does something that goes against the terms of the contract, such as sharing confidential information or using copyrighted material without permission.
To determine if a breach of contract has occurred, it’s important to review the contract thoroughly and assess whether the obligations outlined in the contract have been met. If you believe that a breach of contract has occurred, it’s crucial to document all of the evidence and seek legal advice.
HERE ARE EXAMPLES OF CONTRACTS OUR OMAHA ATTORNEYS CAN ASSIST WITH:
Term sheets and investment contracts for investors interested in purchasing equity in existing businesses
- Partnership and operating agreements
- Employment contracts with provisions for non-competition and non-solicitation
- Vendor agreements
- Contracts for services
- Consulting contracts
- Confidentiality agreements
- Celebrity endorsement contracts
- Prenuptial agreements
- NIL Contracts
- Settlement and dissolution agreements
Meet Thomas Horgan
Thomas Horgan, one of Omaha’s leading contract attorneys, brings unparalleled expertise in complex business, civil litigation, and corporate agreements. Recognized as a “Top 40 Under 40” attorney by the National Bar Association, he was also honored with the Elite Lawyer Award for his outstanding legal achievements. Thomas has a proven track record guiding high-profile clients through sophisticated contract negotiations and dispute resolutions. You can view his full profile and accolades at Elite Lawyer.
Horgan Law LLC – Contract Attorney Omaha, NE
If you need help writing a contract, reviewing a contract, litigating a breach of contract, or settling a contract dispute, contact Horgan Law LLC to schedule a consultation. We are here to help individuals and businesses protect their best interests through carefully structured contracts.
