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Protecting a Growing Business Through Enforceable Agreements

A growing SME had been operating largely on the basis of verbal arrangements and informal understandings with suppliers, contractors, and clients. When a key supplier defaulted on a delivery obligation, the absence of a written agreement left the business without a clear legal basis for recovery. Kaibe and Associates Attorneys was instructed to resolve the immediate dispute and put the client's commercial relationships on a sound legal footing.

We resolved the supplier dispute by relying on implied contractual terms and evidence of prior dealings, recovering a settlement in favour of our client. We then undertook a full review of the client's commercial relationships and drafted a comprehensive suite of agreements — including service level agreements, supplier contracts, non-disclosure agreements, and a standard client retainer. Each document was tailored to the client's specific business model and risk profile, with payment terms, dispute resolution clauses, and intellectual property protections clearly defined.

Challenges

  • Key commercial relationships entirely undocumented in writing
  • Supplier dispute arose with no written terms available to enforce
  • Revenue streams and ongoing contracts were at risk of disruption
  • Multiple parties involved with differing expectations and arrangements
  • Urgent need to formalise relationships while the dispute was pending

Outcomes

  • Supplier dispute resolved through negotiation, recovering settlement funds
  • Full suite of commercial contracts drafted and executed across all relationships
  • Non-disclosure, service level, and retainer agreements put in place
  • Intellectual property rights and payment terms clearly protected
  • Future disputes contractually directed to cost-effective arbitration