Contract law.

Developing a contract for the task

A contract template from the Internet is a contract that does not take into account any of your risks. In real relationships, other things are important: what exactly is being delivered, in what condition, with what guarantees, who bears the risk of accidental death, how a party should behave in case of force majeure, what are the sanctions for delay, what is the procedure for resolving the dispute and in which court.

We develop contracts for a real case - taking into account the weak and strong sides, current relations, history of conflicts (if any), financial capacity of the counterparty. We work with most common forms: purchase and sale, supply, rent, contract, leasing, provision of services. As well as with specific contracts: NDA, corporate agreements, licensing, IT development, agency, advertising, distribution.

Legal examination of the contract from the counterparty

A common situation: a counterparty sends an already prepared contract and asks you to sign it. Before signing, it is worth checking, because most "standard" contracts are written in favor of the party that prepared them.

We conduct an examination in two formats. Quick check - a typical contract, main risks, the most obvious changes. Deep examination - a complex agreement or long-term relationship, a full audit of the conditions with a gradation of comments: critical (do not sign without them), important (need to be corrected), cosmetic (you can live with them).

Based on the results, we prepare a protocol of disagreements or your version of the contract to send to the counterparty. If the conditions are unreasonable and the counterparty does not make any changes, we will honestly say that it is better not to sign.

Execution and claim work

The contract has been signed - execution begins. At this stage, it is important not to miss deadlines, record violations by the counterparty, and respond appropriately to its requirements. We prepare letters, notifications, legal reminders, claims for delays, and additional agreements to adjust the terms.

If the violations are serious, we prepare documents for terminating the contract unilaterally or through the court, taking into account the grounds provided for by the contract itself and current legislation.

Contractual disputes

When out-of-court settlement fails, we enter into a dispute. The most common categories are: collection of penalties and damages for non-performance, recognition of the contract as invalid or not concluded, recognition of the transaction as fictitious or concluded under the influence of fraud, protection of a party in a dispute initiated by the counterparty.

A contractual dispute is actually judicial work: preparation of a claim or response, evidence base, conduct in instances. Details - in a separate practice Judicial disputes . Within the framework of contractual practice, we prepare a position on the merits - we prove where exactly the terms of the contract have been violated and how this is justified by the current law.