We draft, advise and negotiate on a variety of business contracts and agreements.
As a client, you are likely to benefit in time and money savings by relying on our experience.
Businesses, especially start-ups and smaller businesses, often see legal advice as of little tangible benefit and considerable expense. However, we consider that the more prudent way to look at it is, what are the consequences of not having the right business contracts? They include potential inability to pursue debts owed, litigation, possible cashflow issues and potential liabilities.
As important as anything else, good commercial lawyers will ensure that you have a contract which you understand and know how to use, implement and perhaps vary.
There is little value in having a document that you do not understand. What will happen if a customer asks you about the contract or wants to vary it or breaches it? Such a situation could be very damaging to your business.
A fundamental issue to be aware of with your commercial contracts is whether you deal with other businesses or consumers. With the latter, notwithstanding that you may want to include exclusion clauses or clauses limiting liability, when dealing with consumers, they will have certain statutory protections and rights such as the Unfair Contract Terms Act 1977, which the Courts are likely to intervene with to vary a contract which is seen as excessive and generally unfair, especially if there is an unequal bargaining power between the parties.
There are many fundamentals in a commercial contract such as the definition of goods or services, payment terms, duration and potential events of breach; but a common clause often overlooked is the entire agreement clause. It is not unusual for contracts to be inadvertently varied by a phone call or discussion, even if one party believes this will not alter an agreed written contract.
Disputes and claims for breach of a commercial contract commonly have a party claiming that the contract was varied so as to support his or her case. To avoid such situations and promote certainty, a well drafted clause providing that the written contract represents the entire agreement, and that variations must be agreed by both parties in a specific way can be invaluable.
If you need contract solicitors for a commercial contract, we are an experienced, practical and cost effective choice. We have offices in North London and Central London, convenient for clients anywhere in London or beyond.