Commercial contracts
Commercial Contract Lawyers for Businesses in South Africa
If you are preparing a business agreement, have received a draft from another party or need to negotiate proposed terms, Louis Gishen & Associates can discuss commercial contract drafting, review and negotiation. The firm serves corporate clients and private individuals nationally, with offices in Johannesburg and Cape Town. Contact the firm with a short description of the transaction and any deadline so it can consider the next step.
Commercial contract drafting, review and negotiation
Commercial contracts record the terms of a business arrangement. The right wording depends on the parties, the transaction and what each side expects to do. A carefully prepared agreement can make those expectations clearer before the parties commit; it cannot remove every commercial risk or guarantee that a transaction will proceed without disagreement.
The firm’s corporate and commercial practice includes commercial agreements, business contracts, share and business sales, and commercial leases. For an agreement that has not yet been signed, you can enquire about:
Drafting
Preparing an agreement from your instructions and the terms the parties intend to record.
Review
Examining a proposed or existing draft and identifying provisions that may need clarification or discussion.
Negotiation
Advising on proposed changes and supporting discussions about the wording.
Scope depends on the agreement and transaction; the firm can confirm it after reviewing your objectives and the document.
Reviewing a contract before you sign
A document may use familiar language while creating obligations that deserve closer attention. A review can help you understand how the draft deals with the practical parts of the arrangement, including:
- what each party must provide, deliver or refrain from doing;
- fees, payment dates, invoicing and any conditions attached to payment;
- the start date, duration, renewal and termination provisions;
- how changes, approvals, notices and records are handled;
- confidentiality, intellectual property or use of information, where relevant;
- responsibility for loss, delay or non-performance; and
- what process applies if the parties disagree.
Review priorities depend on the context, value and consequences of the agreement. A lawyer can explain the wording and possible changes, but you decide whether the commercial terms suit your business. Provide the complete draft, including annexures and referenced policies, because incorporated documents may affect how a clause works.
Drafting and negotiating the agreement
Before drafting
Outline the parties’ roles, the transaction, key dates, payment terms and any unresolved conditions. Mention related agreements or approvals so the firm can identify further information or specialist input needed.
During negotiations
Keep the latest draft and unresolved points together, and tell the firm which outcomes matter most. Advice depends on the full agreement and circumstances.
What to prepare for an initial enquiry
Provide the latest draft or a transaction summary, the parties’ roles, your questions and any signing deadline. Include previous changes and explain what is agreed. The firm can then discuss scope, information required, fees and whether it can assist.
An enquiry does not itself create an attorney-client relationship. Confirm how to send sensitive material before sharing it.
Frequently asked questions
Can a lawyer review a contract drafted by the other party?
Yes, you can ask the firm to review a proposed agreement. Send the full draft and explain the transaction, your role, the deadline and any clauses you are concerned about. The firm can then discuss whether it can assist and what a review would cover.
Should I get advice before signing?
If the agreement creates important obligations, contains terms you do not understand or differs from what you discussed, consider seeking advice before signing. Raising questions while the draft is still open may give the parties an opportunity to discuss changes. The right timing depends on the transaction and any deadline.
Can the firm help negotiate the changes?
The firm’s commercial practice includes commercial agreements. Whether negotiation support is appropriate will depend on the matter and agreed scope. Explain whether you need advice on proposed wording only or assistance communicating and negotiating changes.
How long does drafting or review take?
Timing depends on the document’s length and complexity, the information available, the number of parties and how quickly comments are received. Mention any target signing date in your first enquiry. The firm can confirm whether the requested timetable is workable after reviewing the scope.
What if the contract is already signed?
You can contact the firm with the agreement and a summary of the issue. Advice about an existing contract may differ from a pre-signing review. If a dispute has developed, the firm also lists commercial litigation and arbitration among its services; it can confirm whether that route is relevant to your circumstances.
Discuss your commercial agreement
Whether you need a new contract, want to understand a draft or are considering proposed changes, contact Louis Gishen & Associates to discuss the matter. The firm has offices in Johannesburg and Cape Town and states that it provides legal services nationally.
This page provides general information about commercial contract services and is not legal advice. Advice depends on the agreement and circumstances of the matter.