Contractual disputes

In 2010 our firm pared a $15,300,000 contractual claim down to a $300,000 settlement in a business-on-business dispute utilising new legal arguments arising from the new statutory proportionate liability regimes. Hence, if your business has a dispute with another business in New South Wales, a commercial litigation solicitor at Bransgroves Lawyers is ready to assist you.

Our litigation experience includes contractual disputes over:

1. joint-venture contracts
2. mortgage origination deeds
3. construction disputes;
4. professional indemnity insurance
5. solicitor, architects, quantity surveyor and valuers’ retainers
6. the sale of land
7. financial agreements
8. the purchase of large items of equipment
9. import/export
10. software development
11. brokerage agreements
12. partnership disputes
13. shareholder agreements
14. restrictive employment contract covenants
15. distributorship disputes
16. commercial real estate leasing disputes

In some cases, our client’s opponents attempt to outspend our clients on legal fees in a naïve attempt to resolve the dispute in their favour. This never succeeds with clients represented by Bransgroves Lawyers. However our paperless office, electronic matter tracking, remote affidavit drafting, and electronic discovery technologies, and procedural efficiencies, allow us to match move for move our opponents while keeping our legal fees at a fraction of the cost. Indeed in some cases we have used our itemised legal fees as a negotiating tool sending them to our client’s adversary as evidence of our client’s financial endurance. We zealously take our opponents to task for breaching section 56 of the Civil Procedure Act, where appropriate seeking costs orders personally against other solicitors. We have found these two tactics when applied in combination quickly bring even deep pocketed opponents back on the straight and narrow.

Our proficiency at wielding the stick often allows us to successfully resolve conflicts through well-prepared and meaningful negotiations, including through the preparation of detailed position papers annexing draft pleadings and briefs of evidence.

Despite our robust approach we understand that business relationships may be at stake. Our solicitors take great care in understanding the complex interplay between all involved parties. While they may be opponents in this dispute, there may also be mutually beneficial reasons to keep a relationship intact. There is also our client’s broader business reputation to consider. Thus where appropriate, we work with your business associates to negotiate a win-win solution.

Through our extensive practice in interpreting and litigating commercial deeds we have developed an intricate understanding of the issues that arise from commercial arrangements. We use that knowledge, and our extensive precedent library, to help negotiate, structure and document complex commercial arrangements as well as to advise on strategy and risk management in order to assist our clients avoid litigation.