REVIEWING AND DRAFTING CONTRACTS
Verbal contracts are less and less widely used in business as most contracts are made in writing. In order to prepare such contracts, businesses often use standard model contracts available on the market. However, there always arises the question of whether such a model contract sufficiently protects the interests of the given party or whether the text of a contract proposed by the other party is quite "standard".
In such cases it is reasonable to obtain a comprehensive legal opinion on the proposed draft contract so as to avoid difficulties resulting from imprecise or blatantly disadvantageous contractual provisions. It is all the more important that contracts usually involve certain financial risk. Moreover, contracts often bind businesses for a longer period of time and should be drafted in such a way as to eliminate the need to re-negotiate them later.
However, one should first of all try to propose to the other party one's own draft contract. This makes it possible to shape the terms of the contract in a more advantageous way that better serves one's interests. Contrary to what one might expect, such an approach is not more time-consuming or expensive. In practice, it is much more difficult to convince the other party to modify their "draft", even if modifications are in the interests of both parties. That often has to do, quite simply, with the fact that the author of the draft is attached to it and perceives proposals of modifications as posing risks.
Our practice includes preparing opinions on and drafting most commonly used business contracts, such as the following (in alphabetical order):
- agency contract
- bailment contract
- carriage contract
- commission sales contract
- construction work contract
- contract for services
- contract for the performance of a specific task
- contract of employment
- contract of loan for gratuitous use- cooperation agreement
- delivery contract- donation contract
- guarantee contract- insurance contract
- leasing contract
- loan contract
- management contract
- non-competition agreement
- non-usufructuary lease contract
- partnership contract
- pledge contract
- sales contract
- service contract
- shipping contract
- siding contract
- usufructuary lease contract
- warehouse contract
We also draft and provide legal opinions on mixed or non-standard agreements.