This article (click here), highlights the real risks that can come from small mistakes in contract drafting, especially when it comes to missing or unclear language. In the case you mentioned, 41 Acquisition Holdings, LLC v. Haff, the missing verb in the attorney’s fees clause led to the court denying the buyer’s request to recover attorney’s fees, even though the buyer had won the case. This serves as a cautionary tale about how important it is to have precise and clear contract language.
The key takeaway here is the importance of drafting every provision carefully, particularly clauses that relate to material terms or important issues like attorney’s fees. While the missing language in this case didn’t result in the termination of the contract, it did prevent the buyer from being awarded attorney’s fees, which is a significant financial consequence.
It highlights that good contract drafting involves more than just getting the main terms correct—it’s essential to ensure that all clauses are written clearly and unambiguously. Mistakes like this can lead to legal disputes, additional costs, and sometimes a loss of rights that might have been otherwise preserved.
As a firm, we emphasize the importance of drafting and reviewing contracts with care and offering support to clients on these matters. A little extra attention to detail can save a lot of trouble down the line!
By choosing Ross Law | Ross Title, you gain the support of experienced legal professionals who can guide you through these challenges. We’ll offer legal opinions and assume the risk for you, helping you successfully navigate even the most complicated transactions.
We hope you find this information helpful. If you have any questions, don’t hesitate to reach out to us directly!
Written by Christian Ross, Esq. and Donald K. Ross, Esq.
