A contract is a multilateral legal transaction capturing the consensual expression of the parties’ will to produce an agreed consequence. The contractual basis consists of necessary provisions (essential elements) and incidental provisions (appropriate). With few exceptions, there are no significant obstacles to contractual freedom. It is, therefore, up to the will and wit of the contracting parties to determine what they want to stipulate in the contract. A contract is a binding legal instrument to realize objectives and achieve results. Contract law is, therefore, the cornerstone of the legal services provided by a law firm. We assist clients in resolving challenges and present constructive contractual arrangements.
We guide clients to choose the most appropriate solutions and help them make the right decisions. We draft contracts and contractual terms, considering clients’ wishes and attitudes. We identify weaknesses and create contractual terms to minimize risks and protect your vital contractual interests. A workable contract must include tools to address the problems you encounter in practice. Business relationships cannot do without a solid contractual foundation for legal certainty. A contract will foster mutual trust between business partners to ensure long-term cooperation and the success of your endeavors. Close collaboration between the attorney and the clients will ensure that the contract is not just a meaningless piece of paper but a truly functioning legal instrument describing the actual workings of the contractual partners’ relationship.
We take care of legal assistance and contractual advice throughout the entire duration of the commitment. We look for solutions to breaches of the contract’s rules during the contractual relationship. If your interest does not insist on continuing the contractual cooperation, we apply legal instruments on behalf of our clients to terminate the contract. In this context, we advise clients on how to end unilaterally disadvantageous contractual relationships.
Purchase contract
A contract of sale is an obligation under which the ownership of a specified item is transferred for consideration. The defining features of a contract of sale are an agreed consideration (purchase price expressed in money), a precisely defined thing (an unmistakable designation of the item or the manner of its distinction), the obligation of one party to transfer title (the seller) and the obligation of the other party to pay an agreed consideration for the transfer (the buyer). The basic parameters of the purchase contract are usually detailed in the written text of the agreement.
It may contain fundamental errors if a lawyer does not prepare the contract of sale. The meaning and purpose of the purchase contract are known to the public. It is common in practise to find that the subject matter of the contractual relationship is incorrectly defined. to find that the subject matter of the contractual relationship is incorrectly defined. The clear and unmistakable identification in the contract text does not correspond to what the parties intended to express. At the same time, proper identification of the thing to be transferred is necessary for certainty, and clarity protects against future disputes and gives confidence that the desired result will be achieved.
The contracting parties are interested in a smooth adjustment of the purchase price and, in addition to the agreed amount of the purchase price, the contracting parties are also interested in the time of payment and the method of payment, transport, payment of incidental items, etc. By agreeing on a contractual penalty for cases of voluntary non-performance, the contracting party can be motivated to perform what it has promised. Cash escrow is often used in securing the purchase price of immovable property, usually provided by a lawyer, notary, or bank for both parties.
Practical problems
A significant problem is the purchase item’s defects and subsequent complaint processes. The item’s condition at the time of acceptance plays an irreplaceable role in the event of a future claim or warranty. Therefore, thoroughly checking the purchased item’s condition before fulfilling the purchase contract is essential. When purchasing more valuable assets, it is common to capture the initial state of the transferred item in a handover report. The handover report is a crucial contractual document that aims to describe and capture the condition of the transferred asset at a defined contractual point in time. The Buyer and the Seller should ensure that any defects are caught in the protocol to evaluate any claims made. If the condition of the goods at the time of handover is unclear, it isn’t easy to seek a review. The claim must be made adequately within the time limit. In the event of non-compliance with the terms of the contract, we provide our clients with legal assistance and support in subsequent litigation.
Whether the transaction is simple or very complex, you can turn to our attorneys to draft and set the contract terms and protect your interests in the contract already concluded.
Contract for work and service
A contract for work and service is the most common type of contract next to a purchase contract. The basis of a works contract is an activity aimed at a particular result. The defining features of a works contract are the performance of an action with an observable output by the first contracting party (the contractor) for an agreed remuneration, which the second contracting party (the client) undertakes to pay in an agreed amount. The contractual setting of a works contract implies the delivery of inputs and materials by the client. A substantial part of the consideration (remuneration) must be linked to the work performed. If the value of the inputs outweighs the activity, it may be a dig contract, not a works contract. The legal nature of the work is understood very broadly in law. People commonly think of work as the execution of buildings, construction, installation, repair, etc. A works contract is also the legal basis for, for example, the creation of computer programs, software development, databases, websites, or other intangible works.
Practical problems
Problems related to the execution of the work in the event of incorrect or incomplete performance are often dealt with incompletely or ambiguously in the contract. Unambiguous contractual formulations prevent disputable situations and possible disagreements between the client and the contractor. If the parties do not define the subject matter of the contract unambiguously, it may be difficult for them to claim claims or rights arising from unsatisfactory performance. No one can then determine whether or not a right to remuneration has occurred. Fixed contractual rules give the parties certainty. Particularly in cases of claims or performance, you will welcome a transparent set-up of the relationship. The same applies when the parties cannot agree on the resolution of a particular issue. Contracts must also remember situations where one of the parties does not provide cooperation to perform the work, e.g., failure to supply materials or know-how, cooperation in examining the proper functioning of the work, the claims process, etc…
We will set up solutions for conflict situations that may arise during the execution of the work. We are happy to assist clients in analyzing and developing the correct procedures and solutions for problems that may occur in the future. We can help you prepare the contractual rights and obligations so that the work is implemented and handed over by the contract without unnecessary hitches.
Lease agreement (or tenancy/lease)
A lease agreement is also a very desirable type of commitment. The object of a lease agreement is the transfer of a thing for use (not consumption) for a defined period, which the contracting party provides (the lessor) to the other contracting party for consideration (the agreed rent). We will create a workable legal solution for you, whether a lease of flats, houses, rental of non-residential and commercial premises, or leasing. A solid foundation must be established for the long-term use of someone else’s property.
To properly use the subject of the lease to the satisfaction of both parties, setting up contractual terms and conditions is a must. The tenant and the landlord are forced to specify their rights and obligations thoroughly, as the legal regulation is not always complete and unambiguous. During the contract term, situations may arise requiring legal assistance or advice to resolve problems. We help clients to obtain the undisturbed benefits of their tenancy. We provide legal advice on lease termination or changes to the lease terms. We represent tenants’ and landlords’ claims when conflicts arise.
Similarly, we assist our clients in the case of lease agreements. A lease is essentially a lease with the difference that the user is entitled to the fruits and benefits associated with the use of the asset (typically crops, proceeds from the business activities of the plant), the lessee is called the lessee, and the lessor. We advise agricultural businesses on drafting lease agreements and terms and conditions.
Loan agreement (loan)
A loan agreement (formerly a loan contract) is used to convey money or other fungible items provided by a lender, which the other party (the borrower) agrees to return within an agreed period. We offer expert legal advice on the conclusion of loans. We will help you to choose the type of contract and to set up the right solution for the desired financial transaction.
