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Contracts, Tendering and Commercial Arrangements

Providing specialist advice on business contracts and agreements, tender processes and resolving contractual disputes.

How we can help

  • Supply and procurement contracts
  • Infrastructure and construction contracts
  • Consumer contracts
  • Tenders (structuring and response)

Expertise

Our lawyers regularly provide specialist advice on all areas of contract law and all stages of the contract ‘life cycle’. We advise clients on the establishment and conduct of tender processes, including the preparation of tender and contract documents; we review, advise on and negotiate contract arrangements; and we provide advice to our clients on their rights and obligations during the performance phase of the contract, assisting to avoid and resolve contractual disputes.

Our senior lawyers have significant in-house experience in listed and multinational companies and understand the importance of pragmatic and commercially focussed legal advice. We aim to understand each client’s risk appetite to ensure that our advice is tailored to its specific needs.

Our recent experience includes:

  • Design, supply and install – advising an industrial engineering client on a major contract for the upgrade and maintenance of key plant and equipment at a power station, including the supply and installation of materials and equipment. Our work included reviewing, advising on and assisting the client to negotiate the principal contract, as well as drafting critical subcontractor and supply agreements. We have also provided ongoing advice to the client during the operational phase of the contract.
  • Mining services – advising a mining services contractor on a range of high value and long-term mining and service contracts. Our work has included tendering advice, contract drafting and negotiation, and ongoing advice on contract management issues during the performance phases, including responding to default and termination notices.
  • Manufacture and supply of goods – advising an engineering and manufacturing client on a major tender for the supply and installation of products to a government authority. Our work has included advising on the tender process, reviewing a lengthy contract and preparing a departure schedule for inclusion in the client’s tender response.
  • Joint venture arrangements – providing Australian law advice and managing the engagement of overseas lawyers on the drafting and negotiation of a tourism based joint venture in South East Asia. Following execution of the contract we provided ongoing advice to the client on contractual issues and ultimately assisted the client to terminate and unwind the joint venture.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.

-Robert Radcliffe-Smith, Advent

The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

-Leading AU/NZ Logistics Company

The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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