Commercial Contracts
What we do
Overview
At Millhouse Legal Advisory, we have forty years combined experience of advising clients on a wide range of commercial contracts across key business sectors such as Service Level agreements (SLAs/SMAs), Franchise Agreements, Supply Chain Agreement, Warehousing Agreement, Distribution Agreements, Software Agreements, partnerships and alliancing agreements, joint ventures agreements, agricultural funding and finance agreement, loan agreement, legal mortgage, trusteeship, debentures, securitizations, oil and gas, energy, and construction to mention but a few. We also draft return policies, health and safety policies and delivery policies just to mention a few. We ensure that we keep abreast of regulatory changes to provide our clients the added benefit of appropriate structuring advice where relevant. We have a vast wealth of experience in Distribution agreements, Service Level Agreements and a host of others considering model and turnkey contracts.
Contract Administration
At Millhouse Legal Advisory, we are frequently instructed to advice in relation to existing contractual agreements and the exercise of rights under those contracts including:
- The effect of legal terms in force;
- Terms which may be implied into contractual documentation, which do not appear on the face of the contract;
- Whether or not particular terms of the contract may be exercised, and what may be done to exercise those rights;
- Provide input and insights into parties' positions in negotiations to vary the terms of contracts;
- Terminate contracts for breach of contract; and
- Quantify damages arising by reason of a breach or repetition of breaches
Contract Preparation and Structuring
- structuring contracts to be read and interpreted by businesses and business people, minimising unnecessary jargon;
- simplifying complex contractual arrangements in agreements for development projects and the supply of products and services,
- advising on the allocation of commercial risk to the appropriate party, with respect to warranties, indemnities and limitations of liability to be provided for in contracts;
- building project management regimes suitable for the company to play a part in contractual performance.
- advising on liability arising from technical specifications and integration with contractual obligations;
- advising on proper terms of contract including unlawful, unreasonable or unfair terms and conditions;
- restraints of trade, including the application and validity of post-employment obligations; and
- assistance in the preparation of schedules in outsourcing contracts, including service levels (or “SLAs”), Loan Documentations, service levels compensation advice.
Contract Delivery Advice
- legal advice on administration of contracts, claims detection, including delay and defects in deliverables, claims negotiation, strategies to manage and resolve disputes;
- regulatory compliance and corporate compliance issues, trade practices, intellectual property rights, industrial relations and property law;
- commercial issues affecting the contract administration.
Contract Management
Legal advice such as this places our clients in an informed position to decide whether to adopt one course or another, and assists them to focus on the scope, extent and seriousness of legal disputes to formulate what action should be taken. The most contentious of these is where a party alleges a right to terminate and threatens to or exercises that right. On the face of the contract the right may be there to exercise, however much of the law is invisible – simply because rights appear in black and white does not mean they are able to be exercised in the circumstances; in addition, rights may be implied into contracts. Interpreting the contractual documents by a hardened contract lawyer often gives results at great variance to an interpretation by one who does not deal with such documents regularly.
Our Track Record
The Numbers Speak
At MLA, we go far and beyond to deliver results you can measure
