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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

‘They have a professional but friendly approach which is beneficial particularly when the matters at hand can have periods that are stressful. The ability to reduce tension is matched with clear communication even when dealing with complex situations where decision making is required by the client. It is a rare skill to maintain this approach, with integrity intact, with all the engaged parties. In short they win with people.’

The Legal 500, 2023

‘Lavelle partner Gríana O’Kelly encapsulates all the qualities of the M&A team. As with other firms, Lavelle’s are competent and efficient, Ms O’Kelly is no different and you feel that she cares, a good outcome for you is a good outcome for her. It is a refreshing experience to have when travelling through a legal process.’

The Legal 500, 2023

‘I engaged with Lavelle partners when acquiring a business, and I found the service outstanding. The team made the experience as seamless as possible for me. The team were extremely knowledgeable, helpful, approachable, professional and efficient.’

The Legal 500, 2023

‘The practice were very well regarded in the market for Commercial, M&A and Employment Law work. We had heard of their reputation from other companies. They were very engaged in understanding what their client wanted to achieve and understood their concerns. Their lines of communication were clear and timely. They used their technology to deliver efficient results and a good level of transparency. Their people were easy to deal with and also you had a sense of confidence in what they were doing. Overall they were approachable, professional and focused on the end result for the client.’

The Legal 500, 2023

‘The individuals worked as team and built up a level of trust with the client. They were approachable and listened to any concerns the client had at any stage. They were also technically very good at understanding and managing the transaction. From the senior partners to the associates dealing with the case, there was a feeling that whatever the situation, the team could handle the problems facing the client.’

The Legal 500, 2023

‘Fast execution, in depth knowledge, excellent advice.’

The Legal 500, 2023

‘We have been working with Lavelle Partners for four years across a number of departments and I must say that all our engagements and interactions with all of their staff have been overwhelmingly positive. As a client, you really feel that they have your best interests at heart – they are very client focused. They are very quick to understand their clients’ business and needs. Their ability to collaborate and work as a team and transfer knowledge about a case or client, particularly across departments, is second to none, and from the client’s view it is absolutely seamless.’

The Legal 500, 2023

‘Gríana O’Kelly is our primary contact on the business side and she’s great – very quickly comes up to speed and understands our requirements, and deals with things quickly and thoroughly, spotting any potential issues and dealing with them along the way.’

The Legal 500, 2023

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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