Commercial Contracts
Commercial contracts form the foundation of business cooperation. These include a wide range of agreements, such as service and cooperation agreements, joint ventures, distribution and commercial agency agreements, franchise agreements, sale and purchase, lease and hire, service level agreements, licences, contracts for work and general terms and conditions.
I assist companies throughout the entire lifecycle of these agreements: from drafting and reviewing contracts to advising and litigating when performance comes under pressure. In practice, the content and interpretation of a contract become particularly relevant once a problem arises—for example in cases of defective delivery, underperformance or unclear terms.
In such situations, one question is central: how can the dispute be resolved while preserving the legal position and safeguarding the commercial interests? Depending on the circumstances, contractual and legal instruments are deployed in a targeted manner, including suspension, set-off, termination, rescission, damages and specific performance
Experience
- Assistance to a commercial agent in a complex dispute against her principal and affiliated entities, in which fraud and frustration of recourse came to light; ultimately a settlement was reached for a substantially higher amount than the original claim.
- Resolution of a dispute for a hospitality retailer regarding the interpretation of a combined lease, purchase and cooperation agreement, in which unforeseen circumstances played an important role.
- Assistance to a borrower in a dispute concerning Dutch security rights in the financing of a foreign real estate project (€4–5 million).
- Advising a beverage producer and an affiliated company on renewed contract structures.
- Updating and improving general terms and conditions for a digital marketing agency.
