Contracts

We have accumulated significant experience, industry knowledge and expertise providing business contract legal advice. We advise on preparing contractual documentation, structuring agreements and disputes. Our drafting expertise is drawn in part from our litigation expertise, having seen what can happen when agreements are not drafted to take into account a business' particular circumstances and the specific requirement for the transaction.

We advise commercial entities of all sizes - from start-up businesses, small and medium sized business and to the large corporate enterprises locally and internationally. We support businesses in a variety of ways. Our solicitors draft terms and conditions of business, prepare contract documentation, advise on contractual risk, regulatory compliance, give legal advice in contract structuring, post-contract management and administration and identification of claims and resolving disputes.

Our solicitors also advise on establishing liability for breach and the remedies for breach of contract. We have advised on a wide range of remedies for breach of contract.

Industries Advised

We have prepared, negotiated and litigated contracts dealing with:

Government, State companies, Multinational Companies
Telecommunications companies,
Distributors and Agents
Manufacturers
Technology companies
Joint ventures
International sale
Real State
Purchases and sales

Our contract law and agreements based experience includes:

Contract Structuring:

lump sum development contracts; design and implementation contracts; packaged software business terms and conditions
transfer of contractual obligations to appropriate third parties
risk allocation and factors going to project management in software engineering contracts

Contract Documentation:

Liability arising from technical specifications and integration with contractual obligations
Advising on proper terms of contract including unlawful, unreasonable or unfair terms and conditions
Restraints of trade, including the application and validity of post-employment obligations
Assistance in the preparation of schedules in outsourcing contracts, including service levels, service level compensation advice

Contractual Risk

Advising on the effect of performance obligations and failures to perform under agreements
Advising on inherent and patent risks to be imposed by contracts
Interpretation of clauses and entire agreements

Contract Delivery Advice

Legal advice on administration of contracts, claims detection, including delay and defects in deliverables, claims negotiation, strategy and managing disputes
Regulatory compliance and corporate compliance issues, trade practises, intellectual property rights, industrial relations and property law
Commercial issues affecting the contract administration

Contract Administration & Management

We are regularly approached to advise in relation to the exercise of rights under existing contracts including the effect of agreement clauses; whether clauses may or may not be exercised. This in turn determines the scope of a legal dispute, its seriousness and measures that may be taken

The most contentious of these are where a party alleges a right to terminate or withhold payment. On the face of the contract this may well be the case, however much of the law is invisible - rights are implied in contracts, and the rules of interpreting the contract document by an experienced practitioner often is at great variance to an interpretation by one not interpreting such documents regularly.