Contract Lawyers in Costa Rica

In Costa Rica, a contract is not merely an agreement between parties. It is the most important legal instrument for structuring business operations, protecting investments, and preventing disputes.

At BGA Abogados, our contract lawyers in Costa Rica design agreements with a strategic vision. We do not rely on generic templates or standardized forms. Every contract is structured based on a specific analysis of the business model, the risks involved, and the long-term objectives of the parties.

The Contract as a Risk Management Tool

A properly drafted contract:

• Clearly defines rights and obligations.

• Establishes enforceable performance mechanisms.

• Incorporates guarantees and execution clauses.

• Regulates breach and default provisions.

• Defines dispute resolution procedures.

• Protects the economic structure and investment of the business.

A poorly structured contract, on the other hand, opens the door to ambiguity, misinterpretation, and costly litigation.

As stated by Dr. Benjamín Gutiérrez:

“The greatest enemy of a contract is interpretation.”

When a contract lacks clarity, a third party (judge or arbitrator) will ultimately interpret it—without having participated in the negotiation process.

Essential Elements of a Valid Contract in Costa Rica

For a contract to be legally valid under Costa Rican law, the following elements must exist:

• Consent – Free and voluntary agreement of the parties.

• Legal Capacity – Authority of the parties to bind themselves.

• Object – The lawful goods, services, or obligations being agreed upon.

• Cause – The legal purpose underlying the agreement.

• Form – The legal structure chosen by the parties in accordance with applicable regulations.

However, the true strength of a contract lies not merely in its formal validity, but in its preventive and strategic structuring.

Types of Contracts We Handle in Costa Rica

Our commercial contract attorneys in Costa Rica advise on the drafting, review, and negotiation of:

• Employment agreements

• Commercial contracts

• Lease agreements

• Construction contracts

• Purchase and sale agreements

• Secured transactions and pledge agreements

• Shareholders’ agreements

• Professional services contracts

• Non-disclosure agreements (NDAs)

• Franchise agreements

• Loan-for-use agreements

• Contractual Due Diligence

• Guarantee structuring

• Joint ventures and strategic alliances

Each agreement is analyzed from a legal, financial, and operational perspective to ensure full protection and enforceability.

The Risk of Using Generic Templates

A common and highly risky practice is formalizing agreements through standardized templates.

These generic forms often omit:

• Immediate enforcement clauses.

• Proper security mechanisms.

• Clearly structured damages and penalty provisions.

• Well-defined jurisdiction and arbitration clauses.

• Protection against future contingencies.

Initial savings in drafting costs can result in exponentially higher litigation expenses later.

Oral Contracts in Costa Rica

Under Costa Rican law, oral contracts may be legally valid. However, in the event of a dispute, the terms must be proven in court.

This creates:

• Greater evidentiary risk.

• Legal uncertainty.

• Increased procedural costs.

• Potential financial exposure.

For this reason, we strongly recommend that all significant business agreements be formalized in writing, taking into account not only present conditions but foreseeable future scenarios.

Preventive Contract Law with Strategic Vision

At BGA Abogados, our contract lawyers in Costa Rica combine:

• Litigation experience.

• Advanced Due Diligence expertise.

• Corporate structuring knowledge.

• Technology and artificial intelligence applied to contract analysis.

This integrated approach allows us to anticipate risks, strengthen our clients’ legal positions, and draft contracts that withstand time, negotiation pressure, and judicial scrutiny.

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If you require a Contract Lawyer in Costa Rica or a Commercial Contract Attorney to protect your business interests, structure complex agreements, or conduct contractual Due Diligence, our team provides strategic, precise, and results-oriented legal counsel.