Contract Lawyers

Our team of highly experienced contract lawyers at Brander Smith McKnight provide a premium service in all aspects of contract law to business and within the building and construction industry. Our clients range from individuals and small business all the way through to large multinational corporations.

We have experience with some of the world’s leading companies and brands. We are proud that our clients remain loyal to the firm and have developed long term relationships based on trust and professionalism and our proven track record.

Brander Smith McKnight provides exceptional expertise in negotiating, drafting, reviewing and advice on all aspects of contracts and contract law. We provide this service in a very cost effective way and at a considerable saving compared to large city firms.

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Commercial Contracts

Contracts are an essential aspect of  business and commercial transactions. BSM Lawyers can draft, review, amend, negotiate and enforce business contracts. We will advise you regarding your legal rights and responsibilities.

Pre-Contract Negotiations

Having a lawyer negotiate the terms of your commercial contract will protect you from unfair and unreasonable terms which if left unchecked or unamended can cause future financial losses.  BSM Lawyers will fiercely advocate for you and protect your business and commercial interests.

A thorough negotiation will ensure that any contract provides for acceptable risk allocation and management, reliable payment terms, suitable term and termination provisions and that the parties properly understand the arrangement that they are entering into.

Contract Drafting

Having an effectively drafted business contract is an important step in managing commercial risks, protecting your commercial interests, avoiding ambiguity and avoiding potential disputes.  A comprehensive and legally effective contract will clearly define the rights and obligations of the parties, ensuring future enforceability and appropriately allocate risks between the parties to the agreement. The lawyers at Brander Smith McKnight Sydney lawyers have over 40 combined years of experience and are experts at drafting contracts of all types.

Review of Contracts

Our lawyers have the legal expertise to review commercial contracts prior to you signing and being bound by their terms. We can identify problematic clauses and ensure that you understand the terms and the legal rights and responsibilities the contract creates. This will help manage risk and avoid future legal problems.  For further information, see our article on when is an agreement legally binding?

Enforcing Contracts

It is important that a contract is properly managed and administered to ensure that you receive the quality of service or product that you require, that you receive the payments you are entitled to and the other party performs the contract in a timely manner.

Brander Smith McKnight can assist with enforcing the terms and conditions of your commercial contract. Where a contract has been breached, we can pursue a number of causes of action.  Any breach of a contract by one party will entitle the other party to damages, in certain circumstances other remedies may be available such as injunctions or equitable remedies including specific performance of the contract.  In circumstances where there has been a material breach of a fundamental term termination and damages may be available as a remedy. For more information, see our article on the rights conferred by statutory warranties. Our expert contract lawyers understand how to enforce a contract or warranty to meet your business needs and strategies and where the other party has not performed in accordance with the contract what remedies are available to you which will meet your business needs and strategies.

Types of Business Contracts

Examples of different types of business contracts that our lawyers negotiate, draft, review and enforce are confidentiality agreements, settlement deeds, finance agreements, franchising agreements, employment contracts that contain restraint of trade clauses, guarantees, shareholder agreements, partnership agreements, distribution agreements, import/export, lease agreements, finance agreements, service agreements, supply agreements and major transactions. We recognise the unique issues which pertain to the various types of business contracts and tailor our advice accordingly. For more information, see our article on the Difference between Contracts, Deeds and Agreements.

The lawyers at Brander Smith McKnight have acted for parties in all types of transactions and contracts, for clients of all different sizes in many different industries and many different countries.  A few examples include construction contracts for major infrastructure projects, contracts for the supply of dangerous goods and chemicals between parties in different countries, contracts for the development of intellectual property and new products and the supply of components in the construction of aircraft.  Brander Smith McKnight lawyers have worked in many industries including construction and infrastructure, solar energy, aviation, chemical, cosmetics, consumer goods and transport.

We work diligently to ensure that our clients legal requirements are satisfied in a manner that suits our client’s business strategy.  We pride ourselves on being able to provide the most current and relevant advice by staying up to date with legislative changes.  For instance the November 2023 changes to unfair contract terms.  For further information on this please see our informative article Unfair Contract Terms : Recent Legislation.

Building and Construction Contracts

The contract lawyers at Brander Smith McKnight have extensive experience in all aspects of contracts in the building industry, ranging from home building to large developments. Many disputes in construction occur because of issues with contract drafting and administration. We help you prevent future disputes through meticulous, collaborative and authoritative advice, drafting and administration.

Pre-Contract Negotiations

We aggressively negotiate to ensure the removal of any unreasonable risks in the contract. Our lawyers will ensure that you have control over the building process, that the schedule of payments reflect the progress of works and that there are no unexpected price variations.

Contract Drafting in Building and Construction

The contract lawyers at BSM will deliver on quality, expediency and value for money. We recognise that building contracts need to address risk and responsibility allocation, liabilities and insurance, provision for variations, quality and inspection, delay and extension of time, payment and potential disputes. The issue of risk and responsibility allocation can be handled in several ways including design and construct, construction management and the use of both collaborative and traditional approaches. Our contract lawyers will clearly advise on the relative merits and then then reflect this in the drafting of the contracts.

Standard Construction Forms

There are multiple standard forms such as those produced by Housing Industry Association (HIA) and Australian Standards (AS). The contract lawyers at BSM have experience with these forms and will provide succinct  advice, clearly explaining legal terminology and the repercussions they have to you. We can negotiate with the other parties and their solicitors and draft amendments to the standard forms.

Review of Construction Contracts

Brander Smith McKnight lawyers can review your building contract, no matter where it was drafted. We will identify any unusual clauses that may cause future problems and additional expense. We can negotiate with the other parties and amend the contract anytime prior to signing. Examples of amendments include the timing of progress payments, the inclusion of liquidated damages, control of the building schedule and approval of all variations.

Administration of Construction Contracts

Issues that may arise in the administration of contracts include payment claims, variations, delays, insurance matters, extension of time, requests for information, corporate and director disputes and defective works. The contract lawyers at BSM have extensive experience in the administration of contracts and advise and represent you.

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Why BSM Law?

Our team of highly experienced contract lawyers provide a premium service in all aspects of contract law to business and within the building and construction industry. We pride ourselves on providing all clients with the same level of exceptional service and attention to detail regardless of the size of the business or contract issue.

Brander Smith McKnight provides expertise in all aspects of contract law in a very cost effective way.  Our lawyers will get the job done at considerable saving compared to large city firms.

BSM Lawyers are also able to provide legal advice regarding potential website contract problems, in particular the risk of accepting unreasonable terms and conditions.  Please see a detailed discussion of this in article Website contract problems.

Frequently Asked Questions

chevronWho are BSM Law's typical clients for contract law services?

At BSM Law, our clients for contract law services range from individuals and small businesses all the way through to large multinational corporations. We provide premium services in all aspects of contract law, within the building and construction industry and beyond.

chevronWhat services does BSM Law provide in relation to commercial contracts?

BSM Law offers a comprehensive service in relation to commercial contracts. We draft, review, amend, negotiate, and enforce business contracts, while advising you regarding your legal rights and responsibilities.  We remain up to date with recent legislation to provide the best service to you.

chevronHow does BSM Law assist during pre-contract negotiations?

We provide robust negotiation services to protect you from unfair and unreasonable terms. Our goal is to ensure any contract provides for acceptable risk allocation and management, reliable payment terms, and suitable term and termination provisions.

chevronCan BSM Law help with enforcing a commercial contract?

Yes, we assist with enforcing the terms and conditions of your commercial contract. If a contract has been breached, we can pursue a number of causes of action, including damages and injunctions. We understand how to enforce a contract to meet your business needs and strategies.

chevronWhat types of business contracts does BSM Law work with?

Our lawyers have experience with a variety of business contracts, including confidentiality agreements, settlement deeds, finance agreements, shareholder agreements, partnership agreements, distribution agreements, lease agreements, service agreements, and supply agreements, among others.

chevronHow does BSM Law handle contracts in the building and construction industry?

We have extensive experience in all aspects of contracts in the building industry. We help prevent future disputes through meticulous, collaborative, and authoritative advice, drafting, and administration. We can aggressively negotiate, draft contracts, work with standard construction forms, review and amend contracts, and provide contract administration.

chevronWhat are some examples of the industries BSM Law has worked in?

BSM Law has worked with many industries, including construction and infrastructure, solar energy, aviation, chemical, cosmetics, consumer goods, and transport. We tailor our services to meet the unique requirements of each industry.

chevronDoes BSM Law offer a free initial consultation?

Yes, we offer a free 20-minute, no obligation consultation that includes case evaluation and cost estimate. Please call us at 02 8539 7475 to arrange this consultation.

chevronHow does BSM Law compare to large city firms?

BSM Law offers the same exceptional service as large city firms, but in a very cost-effective way. Our contract law services are delivered with considerable savings compared to large city firms, without compromising on the quality of service.

chevronCan BSM Law help with standard construction contract forms such as those produced by Housing Industry Association (HIA) and Australian Standards (AS)?

Yes, our lawyers are experienced with various standard construction contract forms, including those produced by the HIA and Australian Standards. We can provide succinct advice, negotiate with other parties and their solicitors, and draft amendments to these standard forms.

Our Locations

Sutherland

iconSuite 2
9-15 East Parade
Sutherland 2232
Parramatta

iconLevel 14 Suite 2/3 Parramatta Square, Macquarie St,
Parramatta, NSW 2150.
Wollongong

iconLevel 1, Suite 1
90 Market Street
Wollongong NSW 2500
Sydney CBD

iconMLC Centre
Level 57, 19-29 Martin Place
Sydney NSW 2000
Suite 2
9-15 East Parade
Sutherland 2232
Level 14 Suite 2/3 Parramatta Square, Macquarie St,
Parramatta, NSW 2150.
Level 1, Suite 1
90 Market Street
Wollongong NSW 2500
MLC Centre
Level 57, 19-29 Martin Place
Sydney NSW 2000

Your Contract Legal Team

Mark Smith

Principal

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William Onishi

Senior Associate

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Sam Bailey

Senior Associate

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Cellina Zayya

Lawyer

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Alison Dean

Lawyer

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Kenny Ng

Lawyer

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Get in touch

Please call us on 02 8539 7475 or complete the enquiry form below for a response within 24 hours Monday to Friday.