The Arena
Contracts are the foundation of all commercial dealings in a modern economy. They set out the rights and obligations between the contracting parties and are a reflection of the strengths and weaknesses of each and the risks each party is prepared to take, or not take, as the case may be.
They can be simple or complex and can be a predominant feature of a commercial relationship or, ideally, simply be a backdrop to it.
There is an immense legal and financial significance contained in a contract that may not be apparent to some. And it will typically only be in time of crisis, relationship breakdown or dispute that that their significance emerges. And that is also the time when the value of the contract creation phase becomes apparent, a value that can repay one financially many times the cost of that initial creation.
Why Civic Legal?
Our team has experience in both the creation of contracts as well as in the resolution of disputes over them, through formal process of legal action in the courts, and sometimes through informal processes. This experience at both ends of the spectrum means that we have a strong awareness of the consequences of breach and dispute over contractual obligations.
It is this awareness that leads us to seek to be as meticulous as possible at the contract drafting stage, weighing carefully the consequences of compliance or non-compliance with each and every material clause in the contracts that we prepare.
This approach is also applied to our contract review work. Our attention to detail will identify your risks in the deal and the strength of the promises being given – ultimately with the aim of protecting your interests.
Contracts for Corporate and Commercial Clients
Our team has the experience and the capability to prepare, review or negotiate a wide range of commercial documents that support the operational needs of a business.
We can assist with standard terms and conditions of business that are the basic contract that will underpin the company’s sales and marketing effort or their dealings with suppliers.
We can also assist in those special one-off projects where a major investment is to be undertaken. In this arena, we are also able to offer due diligence services to provide basic legal assurances such as contracting party background, ownership of subject asset or credit and litigation history.
Contracts for Local Government Clients
The Civic Legal team provide contract law advice and representation on a regular basis to local governments.
We are familiar with local governments’ needs to enter into a wide variety of contracts. In particular, we are aware that a large proportion of local government contracts relate to construction works, typically to build infrastructure in their districts. We are aware of the obligation of local governments to undergo tender processes pursuant to section 3.57 of the Local Government Act 1995 (WA) and the Local Government (Functions and General) Regulations 1996.
Civic Legal is also familiar with and able to advise on or litigate over the standard contract forms often entered into by local governments with construction industry suppliers. Those include the Australian Standard General Conditions of Contract AS2124-1992, AS4000 and AS4905.
We take a robust view of the contract creation phase associated with the tender process. We do not assume that standard contract forms proposed to be used in such processes will always necessarily be suitable or adequate to protect the position of the local government in the specific circumstances of its particular project.
“Civic Legal have been the Shire’s first choice legal partner for many years. Over this time we have received a great service from the various solicitors with quality advice provided in a manner that is easy to assimilate and put into action. Civic Legal are considered more than just a Legal Firm to our Shire – we class them as part of our team and see them as part of our overall organisational structure.”
WA Local Government
