Commercial contracts: what to discuss with counsel | Cabinet ATTIVI
Describe the transaction and what each party is expected to do.
A draft contract must be read in the context of the actual transaction. Specify products, services, deliverables, contacts and delivery constraints. Include commercial proposals and relevant negotiation correspondence.
Price, payment terms, duration, timing and termination provisions need to work together. Explain dependencies between obligations and circumstances that could prevent performance.
Identify the current draft and changes already discussed. An organised record helps counsel review the agreement and understand the negotiations.
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