Producing a clear and unambiguous agreement is an art form and is essential to avoid unnecessary subsequent time and cost consumption.
What are the rights and liabilities of the parties where things are done without a proper contract? What is the natural and ordinary meaning of words understood from their context and balanced against the background circumstances? Does the construed meaning run contrary to a common sense viewpoint? Do best / reasonable endeavours clauses help protect future obligations? How do you push entire agreement and force majeure clauses to the limit? Are liquidated damages clauses really unenforceable penalty clauses? Should making time of the essence and a referral to mediation clause always be included? These are just some of the issues which we have to consider whenever we have to draft documents to your advantage.