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When a Handshake Agreement Isn’t Enough: Common Contract Mistakes Alberta Business Owners Make

A handshake can mean a lot. It represents trust, mutual respect, and confidence in another person. Many Alberta businesses have been built on relationships that began with little more than a conversation and a promise.

 

The problem is that businesses grow, circumstances change, and memories fade. What seemed perfectly clear during an informal conversation can become much less certain months later.

 

That is why relying on a verbal contract, which Alberta businesses often use, can create unnecessary risk. While some verbal agreements can be legally enforceable, proving exactly what was agreed to is often where disputes begin. Strong business contracts that Alberta companies use are not about expecting the worst. They are about giving everyone confidence while things are going well.

Trust Builds Businesses. Clear Agreements Protect Them.

Many business owners hesitate to ask for a written agreement because they worry it sends the wrong message.

 

They think:

  • “We’ve worked together for years.”
  • “We’ve always done business this way.”
  • “They’re family.”
  • “We’ve never had a problem.”

 

Ironically, those are often the relationships that benefit most from clear documentation.

 

A written agreement protects both parties equally. Instead of relying on memory, assumptions, or verbal conversations, everyone can refer to the same expectations if questions arise later.

 

According to the Government of Canada, contracts establish legally enforceable rights and obligations between parties. While oral agreements may be valid in some situations, written agreements provide far greater certainty and are generally much easier to prove if disagreements arise.

Is a Verbal Contract Valid in Alberta?

One of the biggest misconceptions among business owners is that a verbal agreement has no legal value.

 

That is not always true.

 

A verbal contract that Alberta courts may recognize as enforceable if essential elements exist, including an offer, acceptance, consideration, and an intention to create legal obligations.

 

The challenge is rarely whether an agreement existed.

The challenge is proving exactly what was agreed to.

 

Questions often arise, such as:

  • Was the work supposed to be completed by a certain date?
  • Was the quoted price fixed?
  • Who was responsible for additional costs?
  • Did both parties agree to changes?

 

Without written records, these issues can quickly become difficult to resolve.

 

The Canadian Bar Association provides helpful information on contracts and legal agreements for businesses and consumers.

Why Handshake Agreements Break Down

A handshake agreement Alberta business owners rely on usually begins with good intentions.

 

Problems develop gradually.

Perhaps the scope of work changes.

Additional services are requested.

Deadlines move.

Payment terms evolve.

 

Months later, each party remembers the conversation differently.

 

Neither person is necessarily acting in bad faith. They simply have different recollections of what was agreed upon.

 

That uncertainty creates frustration that could have been avoided with a simple written agreement.

Common Contract Mistakes Alberta Businesses Make

Many disputes begin long before lawyers become involved.

 

Here are some of the most common mistakes.

Assuming Long-Term Relationships Remove the Need for Contracts

Long-standing clients and suppliers often stop updating agreements because trust has already been established.

 

Ironically, these relationships usually involve larger projects, higher dollar values, and greater complexity than when the relationship first began.

Failing to Update Existing Agreements

Businesses evolve.

Pricing changes.

Services expand.

Ownership changes.

 

An agreement signed years ago may no longer reflect how the business actually operates.

 

Reviewing contracts periodically helps ensure they continue supporting the relationship rather than creating uncertainty.

Leaving Important Terms Unclear

A contract should answer practical questions before they become disagreements.

 

For example:

  • What work is included?
  • What happens if additional work is requested?
  • When is payment due?
  • How are disputes handled?
  • Can either party terminate the agreement?

 

The clearer these answers are, the less room there is for misunderstanding.

Assuming Email Chains Replace Contracts

Emails can certainly help document discussions.

 

They rarely replace a properly drafted agreement that clearly outlines each party’s rights and responsibilities.

Good Contracts Help Preserve Relationships

Many people assume contracts exist because someone expects conflict.

 

The opposite is often true.

 

Clear agreements reduce tension because expectations are established from the beginning.

 

When everyone knows:

  • what will happen,
  • when it will happen,
  • and how unexpected situations will be handled,

 

there is less opportunity for conflict.

 

Strong business contracts Alberta companies rely on often protect relationships just as much as they protect businesses.

Contracts Are Part of Long-Term Planning

Business planning is not only about growth.

 

It is also about protecting what has already been built.

 

Just as individuals revisit their wills as life changes, businesses should periodically review their agreements as operations evolve.

 

If you’ve read our article on How Does a Will Work and Why It’s the Smartest Way to Protect What Matters Most, you’ll notice a similar principle applies. Good planning creates clarity before difficult situations arise.

 

Likewise, legal planning often extends into other areas of life and business. For example, our article explaining the difference between a Power of Attorney and a Personal Directive highlights why having the right documents in place before they’re needed can make all the difference.

Business Decisions Often Affect Other Areas of Life

Business agreements do not exist in isolation.

 

Property purchases, family transitions, or disputes between business partners can affect several areas of law.

 

For example, commercial or investment property purchases may also involve real estate considerations. If you’re buying or selling property, our article on Legal Considerations for Buying or Selling Property During Winter in Alberta offers practical insights that remain relevant year-round.

 

While uncommon, serious allegations involving fraud or financial misconduct may also require advice relating to Criminal Law.

A Small Conversation Today Can Prevent a Bigger Problem Tomorrow

The strongest business relationships are built on trust and supported by clarity.

 

A handshake can begin a relationship, but it should not carry the full weight of one.

 

Reviewing contracts, documenting expectations, and updating agreements as your business grows helps protect both the work you’ve built and the relationships that helped build it.

Build Strong Relationships With Clear Agreements

Every successful business depends on trust, communication, and shared expectations. A well-prepared agreement supports all three.

 

If you’re reviewing existing agreements, entering a new business relationship, or simply want to reduce future risk, thoughtful legal guidance can help you move forward with confidence.

 

Learn more about JJM Barristers & Solicitors and how we support Alberta businesses. A conversation today can help create stronger business relationships for years to come.