Contract Drafting & Commercial Advisory
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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