Business Contracts
Morgan Mac Lawyers provide a wide range of business contract drafting and review services. There are a number of reasons to draw up a business contract. For many businesses, buying and selling goods, and providing services is part and parcel of their business.
Service agreements, supplier contracts, franchise contracts – these are some common contracts businesses enter into. Although many business agreements are entered into verbally or by email, for peace of mind and to avoid disputes, it is important that they be in writing setting out what each of the parties has agreed to do and pay, when and how much.
Our experienced business lawyers work with you to advise and draft contract terms specific to your needs.
There are many types of contractual disputes. In part, this is because there are many types of contracts. Sometimes the contract dispute issue is whether there is a contract at all. Contracts may be verbal or even be formed by the conduct of the parties.
At other times, there may be a contract dispute about the correct interpretation of a term of the contract. If this is not difficult enough, there may be a dispute about whether a written contract has implied terms that are not even obvious in the written words of the contract.
If you are faced with a situation in which it is alleged you breached the term of a contract you should obtain legal advice from experienced Brisbane contract Lawyers. Perhaps there is no contract at all or the other party is insisting on an incorrect interpretation of a contractual term and by doing so repudiating the contract and itself breaching the contract.
There are also circumstances in which a party may be in breach of a contract but the court will not allow the other party to enforce its contractual rights concerning the breach because of its own conduct.
Business Contract Services
Morgan Mac Lawyers are commercial and business lawyers who provide the following services to clients:
- Drafting business contracts;
- Reviewing business contracts and advising on their terms and identifying clauses in business contracts that point to or introduce specific business risks;
- Implementing strategies to exit business contracts that minimise the risk of being embroiled in commercial litigation;
- Acting for clients when renewing or varying business contracts;
- Advising on what business contracts are needed to structure a business or advising on the appropriate organisational structure for a business.
Our experience as business lawyers acting for small businesses and understanding the nature of our clients’ small businesses gives us deep insights into the challenges and difficulties faced by small businesses.
Corporate Advice
Many of our business clients operate a small business through a corporate structure and we provide corporate law advice on corporation’s law matters that arise including:
- The duties of directors and avoiding potential or actual conflicts of interests;
- Advising on and preparing documentation for compliant meetings of directors and shareholders;
- The risks of insolvent trading and what steps directors should take to protect themselves from liability for insolvent trading;
- Drafting shareholder agreements;
- The advice on shareholder repression.
As commercial lawyers who practise in business and commercial law we strive to ensure our advice is commercially relevant and that any legal advice accounts for the commercial dynamics that relate to our clients’ businesses. We consider this is important for any commercial law firm. Not all commercial lawyers focus on ensuring their advice is commercially relevant.
Small Business Lawyers
As small business lawyers in Brisbane, Morgan Mac Lawyers have acted in business disputes involving company deadlocks in which the dispute between two 50% shareholders who were directors resulted in a company deadlock. The consequence is a freeze in critical decision-making needed to adequately manage the company’s business. This results in the risk of serious damage to the company’s reputation and the goodwill of the business. Company deadlock is a risk for any small business in which a company structure is used for what essentially is a business partnership. Commercial lawyers often assist small businesses to avoid, minimise or deal with this risk.
Business disputes of this nature are common when a corporate structure is the formal arrangement for what is essentially a business partnership. The risk of this type of business dispute may be minimised by a well drafted shareholders agreement. As a commercial law firm, we have considerable experience preparing shareholders agreements and acting in shareholder disputes.
Our expertise
Our commercial litigation specialist, Bill Morgan, has acted in many cases involving Brisbane contractual disputes and even assisted in resolving franchise disputes. On occasions, he has acted for the party who alleges a breach by the other party, and other times for the party against whom an allegation of breach of contract is made.
In many of these instances there was a business relationship between the parties and commercial interests were at stake as well as legal interests. A party’s legal strategy in dealing with contractual disputes should always take into account the party’s commercial interests and objectives.
Call 1300 4MORGAN to speak with Bill Morgan our expert Brisbane Contract Lawyer.
