Disputes are a fact of business life, and finding ways to avoid or mitigate them is a big part of what we do here at Pickering & Butters. Robust, tailor-made contracts are designed to do just that, and businesses of all sizes and from a range of industries have relied on us for many years to draft a host of agreements and documents that have protected their interests through all sorts of issues. Whether it’s with a client, a supplier, an employee or a shareholder, entering into a commercial contract should not be done without careful consideration. By seeking advice from our expert legal team, you can gain the insight necessary to draft an airtight contract that protects your interests throughout the business relationship.
How can Pickering & Butters help you with commercial contracts?
When drafting contracts, we will get to know our clients’ businesses, the individual circumstances of the agreement and the parties involved. Our experience allows us to effectively assess the risks and commercial considerations involved, so not only will your contracts prove to be legally sound, they’ll also be strategic in nature.
We can advise you on a broad range of commercial contracts, including:
- Partnership and director agreements
- Shareholder agreements
- Employment contracts
- Agency and distribution agreements
- Franchising agreements
- Outsourcing agreements
- Terms and conditions of sale and purchase
- Joint venture agreements
- Research and development agreements
- Purchase and supply agreements
- Service agreements
- Maintenance contracts
- Leasing and hire purchase agreements
- IT and ecommerce agreements
- Consultancy agreements
- Intellectual property licences
- Confidentiality and non-disclosure agreements
- Marketing and sponsorship agreements
Why choose Pickering & Butters for commercial contracts?
At Pickering & Butters, our team of expert commercial solicitors work with businesses small, medium and large every day. In our view, the most important part of drafting or negotiating a contract is to ensure it is drafted in a way that protects your interests, leaving as little room as possible for disputes to arise. We know that there is no “off the shelf” solution for each commercial contract, which is why we always take the time to assess our clients’ needs prior to delivering bespokeadvice.
Our vast experience provides our clients with the peace of mind that their commercial agreements are in the safe hands of professionals. When you instruct a member of our dedicated team we will ensure that any contract you enter into meets all of your legal requirements. As well as drafting the document itself, our solicitors can assist in the negotiation of the terms and conditions to ensure the agreement benefits your business. By working proactively, we are able to identify potential pitfalls early enough to take action in preventing them. This provides our clients with the certainty to proceed.
If you are currently facing a business dispute due to the breach of a commercial contract or disagreement of terms, our solicitors will actively work to resolve the issue with minimal costs and time involved. While our priority will be to protect your interests, we will aim to preserve the relationship where possible if it’s clear that it will benefit you.
When do you need a commercial contract?
Commercial contracts exist throughout most levels of business, serving to provide security for both or all parties involved. From contracts with clients and suppliers to those signed by employees, partners and shareholders, written agreements are almost always necessary in ensuring that everyone is on the same page. When drafting these contracts, it’s essential that the terms are clear as it’s this document that will be scrutinised by a court should a dispute arise.
Does an oral agreement constitute a binding contract?
While oral agreements are legally enforceable, they are not considered to be reliable by any means: after all, spoken word is often open to interpretation, and where there is room for interpretation, there is a high risk of misinterpretation. Referring back to a conversation will not allow you to fact-check your rights and responsibilities in a business relationship or transaction, and should a dispute arise, it will be very difficult to prove the agreed terms with no written proof. Not only does a written contract provide more security for both parties; it also acts as a guide for you to refer back to when necessary.
Can I update the terms of a commercial contract?
There are several reasons why you might want to update the terms of a contract: perhaps it’s the duration, to change the payment terms or to add in any additional items.. However, once a commercial contract has been signed, this generally means that it cannot be modified unless all parties agree. Some written contracts will specify how and when modifications can be made. However, if the contract does not address the issue of changes, it’s essential to discuss this with all other parties to gain formal consent before making modifications. Should the other parties disagree with the proposed changes to the contract, you will not be able to proceed with modifications.