Development of commercial contracts

Drafting commercial contracts

In today's environment, stable and secure business operations depend largely on properly drafted commercial contracts. A carefully prepared document defines the rights and obligations of the parties, reduces the risk of disputes and provides effective legal protection in case of unforeseen circumstances. Legal support in the development of contracts allows you to avoid weaknesses, take into account the specifics of the business and ensure compliance with Polish law.

Analysis of business needs and legal assessment of future contractual relations

Before starting to prepare a contract, a lawyer must thoroughly understand the model of cooperation between the parties. This allows for the creation of a document that will not only be a formal instrument, but a real mechanism for protecting the company's interests.

The first stage involves comprehensive information gathering and identification of key legal issues to be taken into account in the contract. At this stage, additional questions may arise regarding the structure of the agreement, legal risks or specific client requirements.

The lawyer performs the following actions:

• analysis of the company's business processes that affect contractual relations;
• assessment of potential risks for each of the parties;
• determination of the type of contract: supply, contract, transport services, lease, licence agreement, etc.;
• analysis of applicable Polish legislation;
• identification of mandatory conditions and additional provisions necessary to protect the company's interests.

After the analysis is complete, a concept for the future contract is formed — this is the basis for the next stages of legal work.

Creation and legal structuring of the contract text

After agreeing on the key terms, the lawyer proceeds to drafting the contract text. At this stage, it is important not only to spell out the formal provisions, but also to provide for mechanisms for resolving possible disputes, the procedure for amending and terminating the agreement, guarantees and the liability of the parties.

The document must be clear, logically structured and consistent with the individual terms of cooperation.

The lawyer performs the following tasks:

• forms the structure of the agreement in accordance with the requirements of the law;
• prescribes the rights and obligations of the parties, the procedure for fulfilling obligations;
• determines the methods of settlement, terms and guarantees;
• prepares provisions regarding the liability of the parties and penalties;
• includes dispute resolution mechanisms (including mediation or arbitration);
• adapts the agreement to international standards, if necessary;
• performs legal editing of the wording.

After preparation, the text of the contract is sent to the client for review and the first round of corrections.

Negotiations, agreement on terms and finalisation of the contract

Agreeing on a draft contract is often a complex process, especially if the parties have different interests or visions of the cooperation mechanism. At this stage, the lawyer represents the client's interests, participates in negotiations and helps to find balanced solutions.

Once the parties have agreed on the key terms, the lawyer performs the final editing of the text and prepares the document for signing, including checking the details, attachments and legal correctness of all provisions.

The lawyer performs the following actions:

1. conducts negotiations with the counterparty;
2. analyses the proposals and comments of the other party;
3. proposes adjustments that preserve the client's interests;
4. prepares the final draft of the agreement;
5. checks the correctness of the appendices;
6. advises on the procedure for signing and storing documentation.

After that, the contract is signed, and the company receives a fully completed, legally protected document.