Contracts can be created in many different contexts and may be governed by different rules. Generally, where two or more parties reach an agreement, it will be reflected in a legally binding contract. It is important that such a contract is drafted using very precise language, otherwise any resulting disputes may lead to commercial litigation.
The knowledgeable lawyers at Gavel & Page are adept both at writing clear and thorough contracts as well as obtaining successful outcomes through commercial litigation. In our experience, seeking legal advice at the time an agreement is reached will save you time and money in the long run. If you find yourself in a dispute, however, we can also assist you.
There are numerous types of contracts used for a variety of purposes. These may include, but by no means are limited to:
Every contract, regardless of the type, will contain the intentions, rights, duties, obligations and expectations of the parties which govern their interactions and behaviours, as well as the process for handling any disputes.
Disputes do arise. They are not uncommon and sometimes, they are inevitable. Where a party fails to comply with a term of the contract, or otherwise disagrees as to the meaning of a clause in the contract, it may result in a breach or dispute.
Such disputes often relate to:
Whether you are in breach of a contract, or are affected by another party’s breach, you should seek advice as early as possible in order to ensure you understand your rights and minimise any ongoing loss.
The terms of every contract differ, so it is important to be aware of your specific obligations. Despite one party’s breach, for example, you still need to comply with certain requirements, otherwise you may also be in breach of the contract, further complicating matters.
Ideally, you should engage a contract or commercial lawyer at the time an agreement is reached. This ensures that the agreement is drafted in a way that reflects your intentions, that you understand the terms and have a thorough knowledge of your obligations and potential for risk.
If written contracts can be complex, then poorly written, oral and partly oral, partly written contracts can be a maze of confusion. Trying to establish which terms were agreed, or what the intention of the parties was, or whether an alleged conversation took place, and finding the evidence to support those assertions, can be challenging.
The first step in any contract dispute is to try to negotiate an amicable solution. If this is not possible then commercial litigation may be inevitable. It is more cost-effective, however, to spend time drafting a professional contract at the beginning of the agreement, rather than unravelling misunderstandings and breaches later on.
Having said that, if you are already a party to a contract and find yourself in a dispute or potential dispute, we can certainly assist with commercial litigation proceedings.
The earlier you obtain advice the better. Gavel & Page take the time to listen to the issues in dispute, review all necessary documentation and provide you with timely and meaningful advice. We are committed to resolving the dispute effectively, in terms of time and cost, whether by mediation or litigation.
Gavel & Page handled a contract dispute we were involved with which would have cost us over $300k if unsuccessful, but they were successful. Not only did they deal with it expertly but with calm, confidence and grace. Excellent work.
Gavel & Page Lawyers looked over a lease for me, advised me on it and negotiated its terms. They also prepared all the paper work, advised and assisted me in the sale of my business.They were efficient and effective, getting me the result I was after. Highly recommended.
Gavel & Page Lawyers are now our “go to” firm for any contract or property related transactions. They were referred by a family friend and we were not disappointed. They reviewed all the documents and advised us on all the issues surrounding our purchase of a commercial property, ensuring the transaction ran smoothly and relieving a lot of the stress involved They also reviewed, drafted and settled commercial terms which were fundamental to our business. They explained the terms in a way that helped us understand their implications and significance which was of great benefit. A pleasure to deal with, down-to-earth, reliable, efficient and competent. Great job! Highly recommended!