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Our contract reviewing services support attorneys involved in cumbersome, long winded negotiations. We approach all contract reviews with the aim of ending up with a win-win document.

Reviewing contracts takes skills of the same level as does contract drafting. Here, our staff do not just mark problem areas for escalation to the customer, they evaluate all changes made, the give and take of the provisions and assess these in the light of business realities.

Prior to going into a review, we circulate query templates which capture:
1. What is important to our customer
2. What prefacing negotiations have already concluded, how many stages since opening moves, what has been conceded by our customer and what is his expectation in return

Based on the replies to our queries, we review the contract word by word and revert to the customer with a term sheet highlight key wins and expected losses.

Examples

Franchising Contracts Review

Reviewing franchising contracts usually throws up one or two interesting points of law. One particular assignment had a chain of mutual obligations extending to the common public. This would not have held up in common law anyway, it presented additional challenges as the jurisdiction was England & Wales, where strong third party rights exist, and therefore have to be specifically declaimed. Starting from researching into Carlyle vs. Carbolic, the team had its work cut out. Further, the unequal bargaining power of parties at each link of the chain of obligations created problems of the provisions being held onerous and unenforceable. Ultimately, our team devised a scheme of provisions that would cease obligations at the last contracting party to ensure unmanageable third party rights were avoided, and built in claw backs/cool offs to ensure enforceability.