Business disputes – minimise the risks

From corporate disputes, to contractual and shareholder disputes. Our specialist team can advise on resolution methods such as commercial litigation and mediation to resolve your business dispute.

From corporate disputes, to contractual and shareholder disputes. Our specialist team can advise on resolution methods such as commercial litigation and mediation to resolve your business dispute.

When dealing with any form of business dispute it’s important to make sure you are properly advised of your legal position and what it means for you and your business.

But before you get to that point, there are ways you can minimise the risks.

Review your contracts!

Contracts and terms and conditions should be drafted carefully, especially in key areas such as payment terms, early cancellation and the process for handling a dispute.

Separate checklist are useful for each type of contract to make sure all the key contractual areas are covered, and provide guidelines for your business managers.

What are your potential risks?

Some transactions can be particularly prone to disputes, such as major supply contracts, IT contracts and construction projects. Often disputes arise out of day to day activities, such as health and safety issues, employee disputes, intellectual property disputes and regulatory investigations. Maintaining good systems and processes in these areas will help reduce the risk of a dispute.

Don’t forget your T&Cs

Ensure that your Terms and Conditions are carefully drafted. Seek advice from a solicitors on drafting if you need to. You want yours to prevail in the event of a dispute.

Who has authority?

Have a written policy that makes it clear which people in your company have authority to enter into and negotiate contracts, and who is authorised to make payments.

Keep your records in check!

Make sure you keep a copy of any signed contracts and any agreed changes to it. If it was an oral contract, keep a written note of the agreed terms, where and when they were agreed, and by whom.
It’s important to have a document storage policy (including electronic documents), so your employees know how and where to store them, and for how long.

Finally – seek legal advice

You can minimise the risk of a dispute by ensuring you have comprehensive, properly drafted contracts, and taking advice on another party’s contract before you enter into it. Our experienced team will help you every step of the way.

This article is a brief guideline, for detailed advice, do contact our team on 01792 468684 or email enquiries@pgmsolicitors.co.uk

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