Who Drafts Contracts?
While courts usually blame any ambiguities in contract language on the party that drafted the contract, it is nevertheless better, in most in-stances, to have your contract drafted by your attorney, rather than your vendor’s attorney. You are then in a position to state your requirements in a manner that is most advantageous to your association, rather than having to ask for changes to a con-tract your vendor provides that he or she may claim is be “standard” or “non-negotiable.” To end up with a contract that addresses your association’s goals and concerns, help your attorney help your by: 1. Creating an effective and thorough RFP before selecting a vendor 2. Giving your attorney sufficient background information 3. Using your attorney as a negotiating partner 4. Communicating your fears, goals, and priorities to your attorney 5. Asking questions until you understand the consequences of all provisions. Boiling Down the Boilerplate: from Legalese to plain English Integration and Modifi