How to write a contract step by step
A back-of-the-napkin contract? The cost can be devastating.
Imagine agreeing with a contractor on renovating your apartment. “We’ll just confirm it via email, no big deal,” you think. But then come the complications. The deadline is missed, quality is poor, and the contractor demands an extra payment that seems unjustified.
Without a properly written contract, you’re in trouble. Courts don’t care about assumptions – they care about clear provisions. Every day I meet clients who tried to save money on paperwork – and ended up paying many times more in court.
A well-written contract is your guarantee. And while it may sound complicated, the legal basics can be handled by anyone – if you know what to do and how.
How to write a contract? What must a good contract include? How to draft a contract properly? If you’re looking for a practical guide on what a contract should contain and how to write one that stands up in court, you’re in the right place.
✍️ How to Write a Contract: Step by Step
1. Identify the Contracting Parties
Every contract must clearly state who is entering into it. For individuals: name, date of birth, address. For companies: company name, ID number, registered office, representative. Always verify these details using official registers.
2. Exact Subject of the Contract
The contract must describe its purpose clearly. Not just “service delivery,” but e.g., “delivery of a website as specified in Annex A.” The more specific, the less room for interpretation.
3. Price and Payment Terms
How much, when, and how it will be paid. Specify the amount both excluding and including VAT if applicable. Define invoice due dates, any advance payments, and payment methods.
4. Deadlines and Timelines
Set clear deadlines. E.g., “The work shall be delivered within 30 days of signing the contract.” The more precise the timeframe, the easier it is to evaluate delays.
5. Rights and Obligations of the Parties
Define who does what. For example: “The client shall provide assistance during the testing phase.” Or “The contractor guarantees the work for 24 months.”
6. Penalties and Liability
What are the guarantees? What happens if someone breaches the contract? E.g., contractual penalty, forfeiture of advance payment, right to withdraw from the contract.
7. Final Provisions
For example: “This contract takes effect upon signing by both parties.” or “All amendments must be made in writing.”
8. Annexes and Signatures
List any annexes (e.g., technical specifications) and ensure both parties sign the contract. In case of companies, the person signing must be authorized.
📅 Real-life Example: “They meant something else”
A client commissioned a contract for the “delivery of a mobile app” without any specifications. Each party had a different idea of what that meant. A dispute followed, lasting 2 years. The court ruled in favor of the contractor because “the assignment was vague.” The client lost CZK 150,000.
🙏 Lawyer’s Recommendation:
Never rely only on emails or verbal agreements
What’s not in the contract essentially doesn’t exist
With any contract, prevention is always cheaper than a lawsuit
✉️ Have your contract reviewed or drafted professionally
Every contract is different. A review is one thing, drafting is another. I always provide the price upfront and explain your options. If you don’t want to risk unnecessary trouble, get in touch with me.
Contact a legal professional – I specialize in contract law.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 26/06/2025