It sounds obvious, but it isn't. In commercial and business relationships, having good contracts is fundamental.
It is very common for businessmen and managers to believe that signing a contract is very bureaucratic, unnecessary, that one must maintain a relationship of trust with clients and suppliers, the famous "moustache line". Or that a model taken from the internet is enough. But, unfortunately, the reality is that when a problem occurs, it is much bigger for those who do not have a well-drafted contract.
Can you imagine losing everything because you don't have a contract guaranteeing all your rights? And what is a good contract?
A good contract is one that reflects, in detail, exactly the transaction you want to make. It is sometimes useful to avoid problems even at their origin, since it is very clear for both parties how everything will work: when each party should act, when payment is due or not, what are the responsibilities and obligations of each one, for which items or facts the party is not responsible, if there is a disagreement, how it should be solved before a legal measure is adopted, how the party confirms that the contract was fully complied with, among other items.
A good contract is strategic, addresses the interests of the parties efficiently and translates into conditions, incentives for it to be fulfilled to their satisfaction, if not, overcome by the parties. The TCT, in its process of preparing contracts, understands the productive and commercial process, visits the company, interviews those involved, to know in depth the relationships maintained with clients and suppliers and tries to foresee which are the potential mishaps to be overcome and put the solution in the contract. The contract must also take into consideration the contractor's profile. There is no point in including a very high contractual fine for delay in the delivery of a project if the supplier, due to excessive demand and many times the delay of its own client, usually delays! We have already faced this case. The supplier found itself with several actions for collection of contractual fines that exceeded many times the profit it had with the project. The company contracts were reformed and the obligations of each party were made clear so that if the client was late, the deadline was extended and the fine was excluded or, if the client demanded it, considerably reduced to more acceptable levels.
You also have to consider the trends in the jurisprudence of the courts to which you are going to submit. It is important to be aware of the judicial decisions and avoid the conflicts that commonly occur for that type of business in the judiciary. Finally, the contract has to be written in a direct and clear language, with no possibility of dubious or divergent interpretation. Therefore, the internet model does not suit everyone. A good contract must be customized and well thought out. Worked together with several areas of the company so that it is effective and really protects and encourages its business and growth.
The Elaboration of Contracts should be hired whenever there is the need to legally guarantee what was agreed between the parties, that is, if you need a document with legal value that guarantees the rights and duties of both parties, it is necessary to hire legal support for the Elaboration of Contracts. In this case, there is not a right time to hire this support, the ideal is that this elaboration is always done by specialized lawyers.
Trevisan, Carvalho & Trevisan has extensive experience in drafting contracts. We have specialized lawyers who will provide you with personalized service, understanding how your business works and your needs. Contact us.
Check now the most frequently asked questions about our solution.
All types of civil and commercial contracts, such as contracts for commercial representation, distribution, leasing, purchase and sale, supply, partnerships, joint venture, provision of services, supply conditions, terms of use for internet, mutuals, etc.
The firm is concerned with understanding the client's processes, the problems already faced by the client in previous relationships, monitoring court decisions and doctrine and jurisprudence trends so that the contract has legal force, adding experience in developing drafts in other cases to guide the client and preparing a document tailored to the client.
This is often a request from business owners who deal with smaller customers and/or suppliers or who maintain less formal business relationships. And although a more detailed contract can cover more solutions, the TCT can work with a direct, simple and focused language on what really matters and will protect your client.
This is another very common placement. And the fact that a problem did not occur, does not mean that the contract was good. It may simply be that the entrepreneur has a good ability to negotiate conflicts and solve problems when they arise, without having to enforce what is written! But, there will always be that situation where the negotiation will not be enough and the entrepreneur will leave to test the contract in the situation that, many times, can cost him the business.
For example, distribution contracts without good exit clauses for the distributor. We have already had several cases in which the Brazilian distributor did the work of developing the market and after years of contract, the foreign company decided to establish itself in Brazil, terminating the distribution without any indemnity. The client's business was focused only on that product and was lost overnight.
Trevisan, Carvalho & Trevisan has extensive knowledge in various areas of law, offering complete and effective solutions for its clients.
We look forward to hearing from you. Please fill in the form
below and we will get back to you.
© 2023 Trevisan, Carvalho & Trevisan - Todos os direitos reservados
