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Commercial Contracts

Few things define the success of a business more than its commercial contracts. 

Not only do clear, robust contracts provide certainty between your organisation and your customers and suppliers, they also give confidence to potential investors that your enterprise is well-organised and smartly-run.

Our corporate team, led by partner, Gríana O’Kelly, advises clients across a broad range of sectors in relation to all of their commercial contract requirements.  We will ensure the contracts key to your business’s growth operate in your best interests and are water-tight in regard to complex terms such as indemnities, dispute resolution, time-scales, and deliverables.

We advise on all types of commercial agreements including the following:

  • Agency and distribution agreements
  • Consultancy and services agreements
  • Licensing of intellectual property
  • Franchise Agreements
  • Website terms and conditions
  • Sub-contractor agreements
  • General commercial agreements

Does a commercial contract have to be in writing?

Contrary to popular belief, an enforceable contract does not need to be written down. There are exceptions, contracts concerning interests in land and guarantees must be in writing under the Statute of Frauds.  However, it is incredibly difficult to prove the terms of an oral contract; therefore, if you are entering into an agreement any more complex than buying a pint of milk from your local store, get it on paper.

At Lavelle Partners, you can be confident that an experienced partner will deal with the drafting, reviewing, and negotiation of your commercial agreements.  Our commercial team is pragmatic, clever and proactive, quickly identifying the strengths and weaknesses of your position and drafting accordingly.

Do I have to deal in good faith when negotiating a contract?

In 2017, the Court of Appeal upheld the position that there is no general principle of good faith and fair dealing in Irish Contract law (John Flynn and Benray v Breccia and Michael McAteer).  Therefore, our commercial contract team will ensure that when negotiating an agreement, if you wish to rely on good faith or fair dealing provisions, we will ensure they are expressly included in the contract. 

Commercial contract disputes are time-consuming, expensive, and can result in damage to your brand’s reputation.  Although disputes cannot be avoided, the key to mitigating the risk is to invest in expert drafting and review of all your commercial agreements.  Our Solicitors have the experience, legal knowledge, and business acumen required to ensure your contracts are sharp, robust, and advance your commercial ambitions.

Why choose Lavelle Partners to advise and represent you on commercial contract matters?

  • We are a partner-led firm, meaning the partner you meet will manage your case and be available to you if you have any questions.
  • Our Solicitors are approachable, intelligent, and pragmatic. 
  • When it comes to commercial law matters, we find out what success means for you and then work tenaciously to achieve your objectives.
  • Our clients remain with us long-term and most of our new clients come to us via referrals.  In addition, most team members have been with the firm for 15-30 years.
  • We know our clients, their families, and their businesses inside out and this helps us provide exceptional service and gives people confidence in the quality of the advice and representation they receive.
  • Our advice is to the point; we will not ask you to choose between five different options, we will advise which one will protect and promote your best interests.

What our clients say

‘Great breadth of expertise. If a particular partner doesn’t have the expertise then effective handover to the appropriate partner who does. Very much a can-do attitude.’

The Legal 500, 2022

‘Lavelle Partners bring a very partner led and hands on approach to transactions which is why I like using them.’

The Legal 500, 2022

‘Direct and prompt access to the “right” person in the practice was a major feature of the process, particularly as we did not have any internal experience of the process. Lavelle Partners provided us with the advice and comfort we needed to complete the same.’

The Legal 500, 2022

‘Griana O’Kelly has great listening skills, really makes sure she understands the brief before launching into the work … also very open to client input at the drafting stage so that legals reflect the nuances of the commercial arrangements agreed.’

The Legal 500, 2022

‘Griana O’Kelly is very good to deal with and she is very efficient in getting transactions closed.’

The Legal 500, 2022

‘The process was lead by Griana O’Kelly who led her team at all times. It was also very comforting to see that Griana had full oversight of the complete process and her five colleagues who complemented each other in delivering a comprehensive and complete conclusion to the process.’

The Legal 500, 2022

For further information on drafting, reviewing, and negotiating commercial contracts in Ireland, please contact Gríana O’Kelly in confidence on (01) 644 5800.

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