Contract Lawyers Gold Coast
Contracts set out what each party has agreed to do, what happens if something goes wrong and where the financial risk sits. The terms agreed at the outset can protect a business for years, or expose it to costs and obligations it did not anticipate.
ABKJ Lawyers prepares, reviews and negotiates commercial contracts for businesses across the Gold Coast. Our contract lawyers can help you put clear, enforceable agreements in place, understand the terms you are being asked to accept and resolve disputes when a contract is not performed as agreed.
We take a practical approach, considering the commercial relationship and your objectives as well as the legal terms, so the agreement works for your business in practice.
Received a contract to sign or need an agreement prepared? Speak with our commercial contract lawyers for clear and practical legal advice.
Enquire Now Call (07) 5532 3199
Commercial Contract Legal Services
The right legal support depends on where you are in the life of a contract. Some clients need an agreement drafted from scratch, others need legal advice on terms proposed by the other party, and some need help when an existing arrangement has broken down.
ABKJ Lawyers can assist with:
- Drafting contracts and commercial agreements tailored to your business
- Reviewing contracts prepared by the other party and advising on the risks
- Negotiating terms with the other party or their lawyer
- Preparing standard terms and conditions and contract templates
- Variations, extensions, assignments and terminations
- Deeds, guarantees and settlement agreements
- Advice on your rights and obligations under an existing contract
- Breach of contract and contract disputes
We act for small businesses, established companies, contractors and individuals entering into commercial arrangements, and can work alongside your accountant or other advisers where a contract has broader financial or taxation implications.
Contracts We Prepare & Review
Every business relies on different agreements, and the terms that matter most will vary with the industry and the relationship involved. Our contract lawyers regularly assist with the following:
Supply, Service & Customer Agreements
Supply agreements, service agreements and terms and conditions of trade govern how a business is paid and what it is responsible for. Clear terms on pricing, payment, delivery, warranties and limitation of liability reduce the risk of disagreements with customers and suppliers.
We can prepare agreements and standard terms that reflect how your business actually operates, or review terms a supplier or customer has asked you to accept.
Construction & Building Contracts
Construction and building contracts carry significant financial risk, and disputes over variations, delays, defects and progress payments are common. In Queensland, these contracts can also be subject to specific statutory requirements, including security of payment legislation.
ABKJ Lawyers can prepare, review and negotiate construction contracts and subcontracts, and advise on payment claims, variations and disputes as a project progresses. For contracts connected with a development project, our property development lawyers can also advise on the broader project and the agreements surrounding it.
We act for property owners, builders, developers, contractors and subcontractors, advising on the risks and obligations that apply to their role in the project.
Contractor, Consultancy & Employment Contracts
When engaging contractors and consultants, the agreement should clearly set out the scope of work, payment, confidentiality and who owns the intellectual property created. It should also reflect the true nature of the working relationship.
We can also prepare and review employment agreements and contracts as part of our broader commercial advice, including restraint of trade, confidentiality and termination provisions.
Partnership, Joint Venture & Shareholder Agreements
When two or more parties go into business together, the agreement between them should deal with contributions, decision-making, profit sharing and what happens if someone wants to exit. Addressing these issues at the start is far simpler than resolving them after a disagreement has arisen.
Distribution, Agency & Licensing Agreements
These arrangements allow another party to sell, represent or use your products, brand or intellectual property. The contract should define territory, exclusivity, performance expectations and how your rights are protected when the arrangement ends. Our intellectual property lawyers can assist where trade marks, copyright or other IP form part of the agreement.
Franchise Agreements
A franchise agreement can bind a franchisee to fees, operating requirements and restrictions for many years, and the terms are usually set by the franchisor with limited room for change. Franchising in Australia is also regulated by the Franchising Code of Conduct, which sets disclosure, cooling-off and other obligations for both parties.
ABKJ Lawyers can review franchise agreements and disclosure documents for prospective franchisees, advise on renewals, transfers and exits, and assist franchisors with preparing their documentation.
Deeds, Guarantees & Settlement Agreements
Deeds are often used for guarantees, releases and settlement of disputes, and the formal requirements for a deed differ from those of an ordinary contract. Before signing a personal guarantee or settlement deed, it is important to understand exactly what liability you are accepting or releasing.
Our lawyers also regularly prepare and negotiate commercial and retail leases, along with the contracts involving commercial transactions when buying or selling a business.
Contract Review Before You Sign
Once a contract is signed, changing an unfavourable term usually depends on the other party agreeing to it. A review before you commit gives you the opportunity to identify problems while there is still room to negotiate.
A contract review looks beyond the headline price and timeframe. It considers how and when you will be paid, the liability and indemnities you are accepting, whether you are giving a personal guarantee, how the contract can be terminated or automatically renewed, and how disputes must be resolved. Our commercial lawyers will explain the practical effect of these terms in plain language and recommend changes where a provision creates unnecessary risk.
Where amendments are needed, we can negotiate with the other party or their solicitor to reach terms that are commercially workable for both sides.
Small Business Contracts & Unfair Contract Terms
Small businesses are often presented with standard form contracts on a take-it-or-leave-it basis. Since November 2023, unfair terms in standard form small business contracts have been prohibited under Australian Consumer Law, and businesses that propose or rely on them can face significant penalties.
This affects both sides. If you use standard terms with customers or suppliers, they should be reviewed to ensure they comply. If you are asked to accept another party's standard terms, a provision may be challengeable if it is unfair. Read more about protection from unfair contract terms.
Have a contract you have been asked to sign? Have it reviewed by our business contract lawyers before you commit.
Enquire Now Call (07) 5532 3199
Contract Disputes & Breach of Contract
When a contract is not performed as agreed, early advice can make a significant difference to the options available and the cost of resolving the matter. Acting quickly can also protect your position where the contract sets strict timeframes for notices or claims.
Common contract disputes include:
- Non-payment or late payment of amounts owed
- Goods or services that are defective, incomplete or not delivered
- Disputed termination of a contract
- Misrepresentations made before the contract was signed
- Disagreements about what was actually agreed
We start by reviewing the contract, correspondence and surrounding circumstances to advise on your rights and the remedies available. Many disputes can be resolved through a letter of demand, negotiation or mediation without the need for court proceedings.
Where a matter cannot be resolved commercially, our commercial litigation lawyers can advise on the next steps and represent you in formal proceedings.
Why Choose ABKJ Lawyers for Your Contract Needs
ABKJ Lawyers has been advising Gold Coast businesses since 1970. Our clients see us as a business partner and trusted legal adviser in all aspects of commercial law, and many return to us as their business grows and their contractual needs change.
Our experienced team includes partner Anthony Kyle, a Queensland Law Society Accredited Specialist in Business Law, and provides practical legal advice across a broad range of corporate matters.
Because our commercial, property, intellectual property and litigation lawyers work within the same firm, a contract can be considered in its wider context rather than in isolation. That might mean a supply agreement connected to a business purchase, a construction contract forming part of a development, or a dispute that needs litigation experience from the outset.
We focus on clear, practical advice so you understand what you are signing, the risks involved and the options available, without unnecessary legal jargon.
Speak With Our Contract Lawyers
A well-prepared contract gives your business certainty and a clear path forward if something goes wrong. ABKJ Lawyers assists Gold Coast businesses with commercial contracts from first draft and negotiation through to variations, terminations and disputes.
For advice on a contract, contact ABKJ Lawyers for an initial consultation to discuss your matter.
Enquire Now Call (07) 5532 3199
