Iron‑clad contracts that fully and clearly describe conditions and outcomes of interactions between two or more parties require careful and considered drafting and review. At Hillhouse Legal Partners, we are skilled at contracts law offering more than 30 years of experience to mining and resources professionals, contractors and business owners.
Contracts can be complex and fraught with ambiguity.
Our services include drafting new contracts; updating terms and conditions; and reviewing draft contracts. We also provide assistance with negotiations, liaise with insurers; interpret and advise during the performance of the contract; and assist in contractual disputes which may include termination of a contract and recovery of damages.
Amongst the common pitfalls that can arise in the contracting process for business owners in mining and resources are:
- disputes that occur as a result of the absence of informal agreements, imprecise terms or the absence of a written contract;
- use of out‑dated standard terms and conditions which may not reflect changes to laws;
- use of terms and conditions from another or precedent contract which may not be appropriate for a particular transaction;
- illogical assumptions of risk by a party (quite often a party with bargaining power will attempt to coerce the other party to assume risk for events that it has no control over and cannot insure against);
- accepting terms from an entity with superior bargaining power without any negotiation; and
- misinformation and misunderstandings due to a limited knowledge of how contract terms operate.
Adverse outcomes can often be avoided with additional attention and appropriate legal advice at the contracting stage.
At Hillhouse Legal Partners we carefully prepare contracts and identify risks and discrepancies across a wide range of contracts including:
- Employment & Enterprise Bargaining agreements
- Contacts of Sale
- Supply Contracts
- Consultancy Agreements
- Confidentiality/non‑disclosure agreements
- Management Agreements
- Conduct and compensation Agreements
- Offset Agreements
- Hire purchase and Lease Agreements
- Loan agreements, Guarantees and Securities
- Joint Venture Agreements