Employment Contract Basics: What Every Small Business Owner Must Know
# Employment Contract Basics: What Every Small Business Owner Must Know The Emp...
Contract mistakes are expensive. A poorly written clause, missing signature, or unclear term can result in lost revenue, legal disputes, and damaged business relationships. Here are the most costly contract mistakes businesses make and how to prevent them.
Contract disputes cost U.S. businesses an estimated $60 billion annually. Most of these disputes stem from preventable mistakes made during contract drafting and execution. Small businesses are particularly vulnerable because they often lack dedicated legal resources.
The Problem:
Unclear terms lead to different interpretations and disputes.
Example of Poor Language:
"Services will be provided in a timely manner"
Better Language:
"All deliverables will be completed within 5 business days of written request"
Cost Impact: $15,000-$50,000 in dispute resolution
The Problem:
Without clear termination procedures, ending a contract becomes complicated and expensive.
What Should Be Included:
- Reasons either party can terminate
- Required notice periods
- Payment obligations upon termination
- Return of materials/data
- Survival clauses (what continues after termination)
Cost Impact: $20,000-$100,000 in forced contract continuation or legal fees
The Problem:
Unclear payment terms lead to cash flow issues and collection problems.
Common Payment Mistakes:
- No specified due dates
- Missing late payment penalties
- Unclear payment methods
- No collections process
- Missing currency specifications (international contracts)
Cost Impact: 20-30% of outstanding invoices may become uncollectable
Before signing any contract, verify:
- [ ] All key terms are clearly defined
- [ ] Payment terms are specific
- [ ] Scope of work is detailed
- [ ] Termination procedures are included
- [ ] IP ownership is addressed
- [ ] Liability is limited appropriately
- [ ] Confidentiality is protected
- [ ] Dispute resolution is specified
- [ ] All parties have signed properly
- [ ] Insurance requirements are met
Contract mistakes are expensive but preventable. The key is recognizing that contracts are business tools, not legal obstacles. Investing in proper contract creation and management processes pays dividends in reduced disputes, improved relationships, and better business outcomes.
Remember: The time and money spent perfecting your contracts upfront is minimal compared to the cost of fixing problems later. Make contract excellence a competitive advantage for your business.
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