Commercial Contract Dispute Lawyer
As a business owner, you’re making contracts almost every day, whether they’re in writing or not. Most businesses would not run if it weren’t for the frequent contractual agreements they enter into. Offers are made and accepted either in writing, by verbal agreement, or by conduct. These are all legally-binding types of contract, but written ones offer the best protection should any party wish to take legal action following a breach of contract.
Contract law is complex. It is advised that all contracts are made in writing to protect business interests. Written agreements are the most likely to prevent lawsuits from arising. However, sometimes contracts are drawn up without the proper knowledge of legislation which implies terms into a contract. Both parties might be unaware of this legislation until a dispute arises.
To remove all ambiguity from your contracts and ensure their terms are clear and legal, consult with Helix Law’s contract lawyers before you set a deal into motion.
What is Contract Law in Business?
Businesses rely on making contracts. Whether they provide a service or they sell products, they are constantly making contracts with consumers. For example, when a person fills up their car at a petrol station, they’re making a contractual agreement with the station’s owner to pay in full for the fuel.
Businesses also make contracts with other businesses, such as their suppliers or their office cleaning company. Agreements are made to trade goods and services for payment.
Contract law exists to protect both businesses and consumers when contractual agreements go wrong. Perhaps a supplier doesn’t send as much product to a business as it was obliged to, or a cleaner didn’t fulfill all the agreed terms of their job.
In cases where contractual disputes escalate, contract lawyers can be enlisted to examine the terms of the contract and advise on an appropriate resolution. Sometimes contractual disputes end up in court, where one party may be ordered to either fulfill the full terms they agreed to when the contract was made or pay damages to the aggrieved party.
There are several types of contracts that are used day-to-day within business, including:
- Non-disclosure agreements – also known as NDAs or confidentiality agreements. It is recommended that you speak to a legal advisor while drafting an NDA to avoid making mistakes that could render it invalid.
- Services agreements – whereby a supplier and a customer agree to the terms of a company providing a service for the customer.
- Subcontracting agreements – if a main contractor needs help fulfilling a job, they can enlist subcontractors. First, both parties must agree to the tasks delegated to the subcontractor, how much time they have to fulfil them, and how much they will be paid. There should also be clauses detailing what should happen if there are changes made to any of these factors or the work done is defective.
As with any contract, these should be put into writing to provide proper legal protection and ensure all parties understand and agree to their obligations. To remove any possible ambiguity in your contract’s terms, consult with Helix Law’s expert contract lawyers.
Employment And Freelance Contracts
Employment contracts are offered by an employer to an employee stating the terms of their employment relationship. It usually details things like pay, working hours and holiday allowance. Most employees are legally entitled to a contract of employment, which should be issued within two months of the commencement of their employment. An ‘employment contract’ is in effect started when the employee begins work, whether they have signed a written contract or not.
Freelance contracts are issued by a freelancer to their client. A freelance contract should lay out the work that the freelancer is to fulfil for the client, when the work will be completed, how much the freelancer should receive in payment, and when they should be paid. Having a contract helps to ensure that the freelancer gets paid the full amount for their work and sets a deadline for payment.
Employers or freelancers looking for help with constructing contracts or who are facing issues with clients or employees can contact Helix Law.
Breaches Of Contract
When a contract is breached, the aggrieved party has the right to take legal action against the breaching party. They might pursue an award of damages, specific performance or cancellation of the contract.
A few ways that contracts can be breached include:
- A party failing to perform their contractual obligation within the agreed timeframe
- A party failing to perform their obligation at all
- An obligation being performed in a way that was not agreed in the contract
If you believe a party has breached the terms of a contractual agreement they made with you, you may sue them for relief. The relief you receive will depend upon many factors that will be decided by the court, tribunal, arbitrator or mediator.
Speak to Helix Law’s solicitors today if you are concerned that a contractual agreement you have made has not been upheld by another party. We can help to resolve the situation and avoid litigation or guide you through any mediation or legal proceedings and help you gain appropriate relief.
Helix Law’s experienced contract lawyers can help you understand how an effective contract is formed. We can also help you create a contract that properly addresses your intentions and requirements, and to draft terms and conditions that minimise any contract risk to you, your clients or your employees.
We can advise you on your best course of action in the event of a breached contract. We advise and represent clients faced with contractual issues concerning business, property, employment and construction, and can help you achieve the best possible resolution.
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