Issues that regularly arise in trade and commerce are terms of trade, data protection and privacy issues, performance of contracts and agreements, regulatory compliance and enforceability of contracts, management of liability under contracts, formulating claims and resolving disputes.

Industries Advised

We have prepared and negotiated, and litigated, contracts dealing with:

• Multinational banks
• Publishers, both print and new media
• Mining and resources
• Distributors
• Manufacturers
• Technology companies
• Content providers
• Software houses
• E-business
• Government
• Property Developers
• Information and Communication Technology businesses
• Innovation and Creative Industries
• Tourism and Hospitality businesses
• Restaurants, Resorts and event managers
• Environment and Planning Consultants and
• Building and Construction companies

Our contract law services include:
Contract Structuring:

• lump sum development contracts; design and implementation contracts; software business terms and conditions
• assignment, licensing and/or transfer of contractual obligations

Contract Documentation:

• advising on terms of contract including unlawful, unreasonable or unfair terms and conditions
• restraints of trade, including the application and validity of post-employment obligations
• preparation of outsourcing contracts, including service levels

Contractual Risk

• advising on the effect of performance obligations and failures to perform under agreements
• interpretation of clauses and entire agreements

Contract Delivery Advice

• legal advice on administration of contracts, claims detection, including delay and defects in deliverables, claims negotiation, strategy and managing disputes
• regulatory compliance and corporate compliance issues, trade practices, intellectual property rights, industrial relations and property law
• commercial issues affecting the contract administration

Contract Administration & Management
Sajen is often approached to advise on the exercise of rights under contracts, including the effect of particular clauses and whether rights under a contract may or may not be exercised. This often determines the scope of a potential legal dispute, its gravity and the various options that may be taken in respect of that dispute.