Making a contract

Contracts are the life blood of any business. Understanding the effect of a contract to ensure that the business achieves what it wants is vital. Many business contracts are still made verbally. There has been a vast increase in the number of contracts that are now made over the web and there are still a significant number that involve a combination of discussions and exchanges of email or correspondence followed on occasions by a fully documented and signed agreement.

The range of contracts that a business will encounter is extensive. Here is a list of some of those most commonly found :-

• Standard Trading Terms
• The appointment of commercial agents.
• Distribution agreements.
• Setting up or taking a franchise.
• Outsourcing.
• Appointing a consultant.
• Confidentiality agreements.
• Long term supply agreements.
• Repair and maintenance agreements.
• Website terms of use.
• Computer and software supply agreements.

The list goes on.

Whether you are engaged in business to business transactions or business to consumer sales, the raft of legislations which must be taken into account is vast and is set to grow.

We will be happy to guide you through this labyrinth and if need be, prepare a bespoke contract suited to your needs.

Please contact :-

• david.bacon@bhmllp.co.uk

Contract disputes

The prospect that a business will face a contract dispute at some point is high. In our experience the most common dispute centre around two problems.

• The time at which a service or goods are supplied.
• The standard or quality of those services or goods.
  

Under those general headings can be found a range of subsidiary issues such as:-

• Were there any time limits at all?
• Were time limits changed?
• What standard or quality was actually agreed upon?
• Did both parties have the same understanding as to the standard and quality expected?
• Did the terms agreed actually cover the problem?

Generally speaking there are four ways to resolve contract disputes:-

• Reach a compromise between yourselves or through mediation.
• Refer the matter to an independent regulatory body.
• Refer the matter to an independent arbitrator or expert.
• Sue through the Courts.
  

Most sensible businesses will try the first option. However, if that fails you may be unsure which of the other options is best suited to the particular dispute or indeed which route is legally possible.

We can offer guidance and assistance on all aspects of contractual disputes.

Please contact:-

• david.bacon@bhmllp.co.uk
• sharon.hundal@bhmllp.co.uk