Critical Contracts

 

We understand that the best most sophisticated contract solution may not be the right solution for every client. Each business has its own culture and approach to business. We draft contracts that would work for ‘you’.

Our clients deal with a diversity of clients, each with its own social-cultural, market practice and business ethics. And market diversity of a unique set of clients, market culture and relationships with whom they contract.

A business venture with a long-standing friend requires a very different contract and negotiation approach than a contract negotiated at arm’s length with a corporate entity, or a contract awarded through a tender and bidding process. Our lawyers craft and deliver the most constructive and effective bespoke contracts and legal solutions to our clients.

As counsel to board members, business owners and C-level executives, we work closely with them; navigate through a myriad of potentially disruptive issues and produce transactional solutions that protect our clients from practical and commercial setbacks, and assist the deal to get through seamlessly.

We routinely negotiate and advise upon the following:

  • Commercial contract support for the in-house legal team
  • Limited Partnership, Limited Liability Partnerships,
  • Articles of Association, multiple class of shares, restricted voting rights;
  • joint-venture agreements regulating complex co-ownership and investment structures, cross-border collaborations, and strategic alliances
  • Franchise and distribution agreements.
  • Hotel Management and Operators Agreements
  • Rental Pool agreements
  • Sale and Purchase, leveraged finance and long-term lease contracts.
  • Management agreements for jointly owned property.
  • Carve out clauses and collaterals
  • Side agreements.

 

 

―it would be impossible and wholly undesirable to define the circumstances in which the application of equitable principles might make it unjust or inequitable (or unfair) for a party to insist on legal rights or to exercise them in a particular way ― Lord Hoffmann in O‘Neill vs Phillips, (1999) 2 BCLC 1

Related Expertise

  • Contract Performance Management
  • Independent Counsel to the Board
  • Contract Playbooks

 

 

Outsourcing

There is no company which is not using the service-based and outcomes-based model offered by BPOs

Outsourcing is the transfer of procedures, functions, jobs or specialist works to a third party business entity.

Procurement through contracts for services gives major financial savings and access to specialist services that would otherwise require large investments.

Third-party threats

To have an outsider perform inside functions involves the transfer of the company’s assets and information to outsiders.

We assist organizations in understanding and addressing the security and operational risks involved in third-party relationships.

Co-sourcing can minimize sourcing risks, increase transparency, clarity and lend toward better control than fully outsourced.

Contracts: Ordinary contract drafting and advice is ill-equipped to manage contracts to engage third parties for procurement of services that are capable of being performed internally through the company’s employees and processes.

We advise companies, set protocols and procedures for them to enter into outsourcing relationships and manage the collateral risks.