Our team of trusted business and corporate attorneys in Omaha, NE has experience working with clients in a range of industries, ranging from health care, consumer products, life sciences, media and entertainment, telecommunications, and technology to retail, service, energy, aviation, and financial services. Naturally, we’ve cemented our status as one of Omaha’s top law firms by helping many of our clients navigate tricky contracting laws, including the specifics of negotiation and drafting.

Contract Attorneys in Omaha, NE

Our contract attorneys at Horgan Law, P.L.L.C. bring pertinent industry-specific experience to each engagement and resources to enhance the value of our services. By providing clear, integrated, and client-focused advice along with cost-effective strategies, we help our clients leverage resources to minimize risk in the pursuit of achieving their goals.

Not only are we goal-oriented when it comes to serving our clients, but their overall satisfaction is our number one priority.

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, P.L.L.C. 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:

1. 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.
2. 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.
3. 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.
4. Legality: The contract’s purpose must be lawful. Agreements involving illegal activities are void and unenforceable.
5. Definiteness of Terms: The contract must have clear and specific terms. Vague or ambiguous terms can render a contract unenforceable.
6. 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