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Solid commercial contracts are one of the most important tools and the best shields for business. But it does not have to be tricky and become a source of dispute. It should mainly remain an agreement between actors about the work to be done, the service to be rendered or the goods to be purchased. And above all, it should document expectations from both sides.
At Guilmot & Bassine, we make a point of establishing well-balanced contracts that will help your business, not ours or that of one of the avid litigators.
At the same time, contracts must avoid being shady or creating any confusion. We will invite you to clarify your position regarding all issues that may appear: what is your contemplated contract term? Will you provide automatic price adjustments? Do you envisage sub-contracting? Shall you incorporate penalty for late payments or other failures or breach? What are your termination requirements? Do you contemplate a master agreement with task orders? The clearer you are about all matters, the easier it will be to do business instead of spending time and money on litigation or facing unintended consequences.
If disputes should crop up, we generally, depending on the nature of the partnership, foster all means to avoid long decomposition of the aborted expectation in the lengthy cycle of legal proceedings. We are used to proposing ADR mechanisms that will give the parties an opportunity to settle amicably and reasonably.
However, when mutual understanding is not an option, our opponents know that we are not afraid to go to Court or arbitration and Guilmot & Bassine has the experience and an established track-record of securing the best outcome from legal proceedings.