Business Contracts

We work on the areas the exposure to risk is greatest.

• We step in to manage the process of review, negotiation or resolution of problems. You can tap in as and when required.
• Experience extends to a variety of commercial contracts including terms and conditions, supply of services and goods, agency and distribution agreements, technology/IP related and IT contracts, specialist agreements used in sectors such as the creative sector.
• Many of our clients have moved to us from larger firms for better value for money.

Contract review service

All too often we find that clients come to us, presented with a lengthy and detailed contract prepared by the other party’s lawyers which they are encouraged to accept as drafted. The devil and the risk will be in the detail and everything is negotiable. We step in and act as your double check, providing an efficient and cost effective contract review solution. We ensure that unfair and/or highly risky clauses are removed or watered down. You get the value of our experience generally and with contracts of the same type, industry or sector.

Key overview considerations when reviewing a contract generally include :-

• Who is to do what?;
• Where, how and when will the contract be performed?;
• Timescales;
• When will payment be made?;
• What happens if payment is late or not made?
• Events of default which give the right to terminate the agreement
• Exclusions and/or caps on liability;
• How will disagreement  be dealt with to avoid court?

We find out what your bargaining position is and respond accordingly.  A good business contract takes into consideration future obligations and provides for the changing nature of business.

Buyer beware

A basic rule of UK commercial law is buyer beware. Parties to a business agreement are expected to know what they are negotiating and to understand the implications of the contract. We can deal with concerns.

What was the intention of the parties?

Clarity is key with business agreements. Reaching a situation where there is a dispute over interpretation of a clause or clauses needs to be avoided if at all possible.

If a court has to interpret a particular term or obligation in a business agreement, the starting point is to determine what the contractual parties intention was. Thuis can be very difficult. The next step is to interpret in accordance with conventional use and to review in the backdrop of the whole business agreement. This requires not only an understanding on rules on legal interpretation, but also commercial knowledge to draft or argue either way – this is where we assist.

Good business contracts avoid disputes

Different terms and obligations will have different implications for the parties, depending on the market and intended use within the contract.  We have a strong team here to resolve business disputes and avoid litigation.

In our experience although they may not admit it initially most business people want to avoid going to court as they know how expensive that can be.  In the vast majority of cases by being sharp, pragmatic and realistic we keep our clients out of court.

If you need a contract solicitor, please do get in touch by phone or email.