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Contract Types Overview. Express and Implied Contracts. Unilateral and Bilateral Contracts. Unconscionable Contracts. Adhesion Contracts. Aleatory Contracts. Option Contracts. Fixed Price Contracts.
Seven essential elements must be present before a contract is binding: the offer, acceptance, mutual assent (also known as meeting of the minds), consideration, capacity, and legality. Contracts are typically in writing and signed to prove all of those elements are present.
Get it in writing. Keep it simple. Deal with the right person. Identify each party correctly. Spell out all of the details. Specify payment obligations. Agree on circumstances that terminate the contract. Agree on a way to resolve disputes.
And when money is involved, a contract is essential! Generally you'll come across one of three types of contract on a project: fixed price, cost-reimbursable (also called costs-plus) or time and materials.