There can be few things more important for any business than having the right legal contracts. We are a team of highly experienced solicitors offering cost effective, practical advice on contracts. Find out why our approach is different.
Probably the biggest single mistake made by both solicitors and clients is to treat the instruction of the solicitor for a contract as finished when the solicitor has either drafted the contract or advised on a contract supplied by a 3rd party. The problem with this is that the client often doesn’t understand the contract – why does it have the clauses in it and what are the implications of a variation, breach or otherwise? This understanding is absolutely crucial. Without it, there is a good possibility that a problem will arise, however competently the contract has been drafted.
Our approach is to ensure that clients fully understand their contract and that there is a ongoing relationship so that a client can contact us to discuss any issue arising on the contract. This also ties in with another key approach to remember – contracts often need to be reviewed and possibly amended.
The above can only be achieved not only if the solicitor explains the contract but also if the solicitor understands the clients business and commercial drivers. We take the time to make sure this is the case, with a team with over 40 years of advising, negotiating and drafting contracts for a very wide range of different business types and sectors, we know what we are doing. Every business and every industry has important nuances, so this experience is both vital but also almost always results in costs savings if the contract solicitor has prior experience of your type of business.
Contracts with other businesses or consumers?
There are fundamental contract law implications dependent on whether a contract is business to business or business to consumer. With the latter, the consumer has a number of important statutory protections to be aware of. Contracts which deal with consumers should reflect this reality and great care will be needed as regards any exclusion or limitation of liability clauses and other statutory rights.
Commercial contracts may also need to take into account specific business regulatory authorities, or HMRC. Without the right contract drafting or in the absence of a clear and comprehensive agreement there is an increased risk of regulatory issues.
Fundamental terms, implied terms, variations and implications of breach of contract
With any type of contract, the above aspects need to be considered and understood.
Some examples of contracts where we can help
- terms and conditions for your business whether selling goods or providing services (including international contracts)
- supply chain agreements
- manufacturing agreements
- property and asset management agreements
- maintenance contracts
- agreements for service outsourcing, whether for companies, consultants or freelancers
- shareholders agreements
- partnership and LLP agreements and dissolution
- acquisition or disposal agreements
- agency agreements
- sponsorship and endorsement agreements
- guarantees and loan agreements
- joint venture agreements
- distribution agreements
- licensing agreements
- construction contracts and sub-contract agreements
- ancillary revenue contracts and website referral agreements
- complex framework purchasing agreements in both the private and public sector
- logistics, distribution and warehousing agreements