CW contract Law and Legal

25/11/2024

How do you Recover Business Debt?

Running a business can be tough, and one of the biggest challenges is dealing with unpaid debts. If you’re owed money by a customer, it’s important to take steps to recover the debt as soon as possible. The longer you wait, the less your chances are of getting your monies.

Whether it’s overdue invoices, unpaid loans, or a contract breach, the efficient recovery of debts is crucial for maintaining a healthy cash flow and sustaining business operations.
How does the debt recovery process work?
3. Initial step
Keeping a good record of all invoices, letters, and other communications with the debtor will assist with any legal action if you intend to claim debt recovery costs on late payments. By having a clear concise process surrounding any debt, businesses can proceed with confidence.
4. Informal Communication
Businesses should be proactive when it comes to debt recovery and late payments. Calling first then sending letters to remind the debtor of the amount outstanding and the deadline for payment allows businesses and debtors to explore mutually agreeable payment arrangements or alternative solutions..

5. Formal Demand
If informal communication fails to yield results, the next step is to issue a formal demand letter. This letter, often referred to as a Letter Before Action (LBA),” outlines the outstanding debt, provides an opportunity for the debtor to settle, and stipulates a deadline for payment. It is important to draft this letter carefully, as it serves as crucial evidence should legal proceedings become necessary for business debt recovery.

6. Legal Options for Debt Recovery
If the LBA does not result in payment then it may well be necessary to pursue the alternative legal options at your disposal.
7. County Court Judgment (CCJ)
If the debtor fails to respond or settle the debt after receiving a formal demand, businesses may escalate the matter by filing a claim in the County Court.
The debtor can either ignore it, in which case you can file for judgement by default or the debtor can file a defence. If that happens there are certain legal procedures you must adhere to.
Once the court issues a CCJ, it acts as a formal court order demanding the debtor to repay the debt within a specified timeframe.
8. Insolvency Proceedings
In cases where the debtor is unable to repay the debt, businesses may consider initiating insolvency proceedings. This includes issuing a winding-up petition for companies or a bankruptcy petition for individuals. These actions seek to liquidate the debtor’s assets and distribute the proceeds among the creditors.
9. Enforcement Options
If the debtor does not comply with the CCJ, businesses can pursue enforcement options to recover the debt. Several methods are available, depending on the circumstances and the amount owed:
a. Warrant of Control
This enforcement option allows businesses to instruct court-appointed enforcement officers, known as bailiffs, to seize and sell the debtor’s assets to repay the debt. Bailiffs have the authority to visit the debtor’s premises and take control of goods that can be sold at auction.
b. Attachment of Earnings Order
If the debtor is an individual employed under a contract of service, businesses can apply for an Attachment of Earnings Order. This requires the debtor’s employer to deduct a portion of their wages and pay it directly to the business until the debt is satisfied.
c. Charging Order
For debts secured against property, businesses can seek a Charging Order. This places a charge on the debtor’s property, preventing them from selling it without repaying the outstanding debt. The charge can be converted into a forced sale, forcing the debtor to settle the debt from the proceeds.
d. Third-Party Debt Order
When the debtor owes money to a third party (such as a bank or customer), businesses can apply for a Third-Party Debt Order. This allows the business to intercept and claim the funds owed to the debtor, diverting them towards the outstanding debt.

10. How long does a company have to recover a debt?
Under normal circumstances, the limitation period to claim debt recovery costs on late payments is six years. This is counted from the date when the debt become outstanding. The time limit then steps once a claim is issued in court.
It is also important to note that, under the Limitation Act, the six-year time limit will also restart from the date when the debt has been acknowledged in writing, or a part payment is made against the debt. Claims outside this window will be statute-barred.
11. Can I recover debt from a limited company?
Yes, if the debt owed to you is from a limited company, you will have a number of options available to you. Using a debt recovery specialist with no upfront fees will enable us to assess whether the debtor is solvent and whilst AVC Debt Recovery can collect any business debt (B2B B2C, C2B) if it is collectable not all debts are collectable and often getting the court order is the easy part. That is why we offer no win no fee as standard because we deliver your monies into your account or we do not get paid.

Our business debt recovery team has the necessary skills and experience to handle negotiations and settlements with debtors. We are well-versed in the tactics used by debtors to evade payment and can, and will, employ various legal tools to maximise the chances of successful recovery. This includes sending demand letters, initiating legal proceedings, and, if necessary, obtaining you representation in court.
Business owners and managers may have personal relationships or emotional attachments with their debtors, making it difficult to handle negotiations. Debtors are also more likely to take legal action seriously when they realise that a business has enlisted the support of legal professionals.

Business debt recovery and commercial debt recovery via experienced contract law professionals with offices in Surrey and Dorset . No win no fee offered as standard. A professional business debt recovery and debt collection agency that specialises in the recovery of business debts throughout the UK....

25/04/2023

Data Protection and Digital Information Bill

Small businesses in the UK have been facing significant challenges when it comes to complying with the General Data Protection Regulations 2016/679 (GDPR 2018). Many of us are driven to distraction when people state they cannot say anything because of GDPR 2018 when the DPA 1998 was in place for years and nobody batted an eyelid.
The requirement to fulfil Data Subject Access Requests, perform data risk assessments, and adhere to data breach policies can be overwhelming, especially for small businesses with limited resources.
To help streamline these processes and ensure that personal data is adequately protected, HM Government has introduced to parliament the Data Protection and Digital Information (No. 2) Bill. This Bill, which was presented to the House of Commons in March 2023, aims to make it easier for both small and large businesses to conduct their operations while maintaining compliance with GDPR regulations.

Here are some of the key provisions of the UK Data Protection and Digital Information Bill and how it can benefit businesses.

What is the Data Protection and Digital Information (No. 2) Bill?

“This Bill is intended to update and simplify the UK’s data protection framework to reduce burdens on organisations while maintaining high data protection standards.”
The Bill aims to provide more flexibility when complying with the legislation and clarify the often confusing aspects of cross-border data transfers.
In addition, the Bill puts provisions to reform the Information Commissioner’s Office (ICO) - “hurrah”! - including its governance structure, duties, enforcement powers, reporting requirements, data complaints processes, and its development of statutory codes of practice.
A framework for providing UK digital verification services is also included to enable digital identities and attributes to be used with the same confidence as paper documents and regulations covering smart data schemes.

Other effects of the Data Protection Bill include the following:
a. Increasing fines for nuisance calls and texts under the Privacy and Electronic Communications Regulations (PECR)
b. Updating the PECR to reduce ‘user consent’ pop-ups and banners
c. Allowing for the sharing of customer data through smart data schemes to provide services such as personalised market comparisons and account management
d. Reforming how births and deaths are registered in England and Wales enables the move from a paper-based system to electronic registration
e. Facilitating the flow and use of personal data for law enforcement and national security purposes
f. Creating a clearer legal basis for political parties and elected representatives to process personal data for democratic engagement

Data Protection and Digital Information Bill summary

Now that the UK has left the EU, the Government wants to take advantage of the opportunity to improve data protection compliance for businesses while maintaining high standards of personal data protection.
The Government believes certain elements of the GDPR 2018 and the Data Protection Act 1998 (DPA) “create barriers, uncertainty, and unnecessary burdens for businesses and consumers”.
In addition, following an extensive research and consultation process, HM Government believes that the current data protection legislation leads to box-ticking compliance activities rather than “one which encourages a proactive and systemic approach.”
Also, it has been identified that researchers require more flexibility concerning re-using personal data for long-term research projects.

Why is the ICO being reformed?

The ICO is being reformed by HM Government to provide a more transparent and comprehensive framework for the supervisory authority's role in protecting personal data.
The Data Protection and Digital Information Bill introduces Section 120A, which outlines a new principal objective for the ICO. This objective requires the ICO to prioritise securing an appropriate level of safeguarding for personal data, considering the interests of data subjects, controllers, and other parties, as well as matters of general public interest. The ICO must also promote public trust and confidence in the processing of personal data.
Furthermore, Section 120B mandates that the ICO publish a "forward-looking" strategy that outlines how it will balance economic growth and data protection functions. These changes demonstrate HM Government's commitment to ensuring that personal data remains secure and that individuals' privacy rights are respected in the digital age.

Amendment
The proposed Data Protection and Digital Information Bill brings about significant changes to data privacy and protection laws in the UK. One notable amendment is Clause 13, which seeks to remove Article 27 from the GDPR 2018 entirely. This change aims to simplify the compliance process for overseas-based controllers and processors who are required to adhere to GDPR 2018 under Article 3(2).
As a result, these entities will no longer need to appoint a UK-based representative, and instead, will be allowed to decide on how to facilitate effective communication between themselves, UK data subjects, and the ICO.

Finally
Nothing set out herein constitutes legal advice on which you should rely. This article is provided for general information purposes only. Professional legal advice should always be sought before taking any action relating to or relying on this content.
www.cwcontractlawandlegal.co.uk

10/01/2023

How do I Choose a Debt Recovery Agency

Collecting unpaid monies as a debt can be a difficult and time-consuming process, but the process itself is crucial to the smooth running of your business or organisation. It helps the vital cash flow as cash is king and always will be. If your in-house team is struggling to cope with can’t pay or won’t pay then their time could be more productively focused on other activities, so it may be time to consider using a specialist debt recovery agency.
A professional debt recovery agency can provide valuable support and help you get paid what you're owed quickly and efficiently. You can rely on them for all aspects of debt recovery, from chasing unpaid debts to negotiating payment plans or, in more stubborn cases, instigating legal action the enforcement via the High Court.
Remember, no two debts are the same, so when appointing a debt recovery specialist you are doing more than putting your unpaid monies into their hands; you are also creating a business partnership of trust so ask yourself these questions before making your decision:

1. What is their modus operandi?
Many agencies offer bells and whistles and a cheap one stage letter or 3 stage format to sign you up then seek to pass you on to a solicitor they are in partnership with , or tell you they alone collect debts successfully then spring a large up-front fee on you. The best debt recovery agencies offer a frere analysis and no up-front fees.
2. Are they regulated?
B2B debt recovery does not require regulation. Only those agencies that collect debts from consumers under The Consumer Credit Act 1974 (CCA 1974) are required to be FCA regulated. All business debt collectors used to have to be registered with the Office of Fair Trading (OFT), but HM Government changed that requirement. The criteria for B2B debt recovery is can the debt be collected successfully and regulation is not required for that?
3. Are you appointing a computerised office?
Many of the agencies who are FCA regulated are merely playing the numbers game via computer generated 3 stage form letters with a customer service department and they transfer their use of their CCA 1974 letter writing to business debt recovery and forget that analysis is crucial and human beings still have the edge when analysis is required.
4. Will they take the debt legal for you?
Many of the agencies offer a cheap one stage letter or 3 stage format to sign you up then when it comes to legal action they pass you on to another solicitor they are in partnership with. The best debt recovery agencies offer no win no fee and a one stop shop services and follow through with in-house legal action as part of their offer.
5. How long have they been trading?
The best debt recovery companies have been around for 5 years + as only those that deliver services that deliver monies for clients can survive when they offer no win no fee as standard.
6. What do the reviews say?
As with any potential new supplier, it's a good idea to Google the company and check out what people are saying about them. That being said, everyone has a few disgruntled customers and some reviews can be unreasonably negative, so you should always take a consensus rather than relying on the first one or two you read. You can also learn a lot about a company from how they respond to any negative reviews or comments.
7. What about testimonials from current clients?
Recommendation is one of the best ways of finding a reliable debt collection agency. Try to talk directly to someone who has used them. It will give you an opportunity to ask questions and assess whether the company is right for your particular needs.
8. Do they have relevant experience for your industry?
Whether you are a small sole trade or a larger company, working with a debt collection agency that understands the commercial environment you're operating is important. That's why it's worth checking out their relevant sector experience.
9. Will they act according to your company ethos?
Just because someone has an overdue debt, it doesn't necessarily mean that your trading relationship with them has irretrievably broken down. They could be suffering a temporary cash flow issue or simply have overlooked the debt. That's why it's vital that the debt collection agency you choose operates with the express instruction you give them and have the flexibility to adapt. They are representing you and your relationships, although a can’t pay or a won’t pay may not be top of any list for a continuing relationship.
10. What levels of communication do you want?
It's important for you and your term to set the reporting levels so there is no ambiguity.

Conclusion
Instructing a debt recovery agency is a big step, particularly if you've always relied on your own staff to take care of credit control. Therefore, the 10 points above should be considered. Whilst nobody can fulfil 100% the criteria of point 8 above AVC Debt Recovery are a name to trust allied to being specialists in contract law and that is the basis for 100% of all business in the UK. That allied to common sense and understanding that people agree contracts, so its best that people seek to recover monies visit

Business debt recovery and commercial debt recovery via experienced contract law professionals with offices in Surrey and Dorset . No win no fee offered as standard. A professional business debt recovery and debt collection agency that specialises in the recovery of business debts throughout the UK.

12/10/2022

Post Covid (not that it is yet post Covid) every business will be feeling the pinch and some companies will seek to improve their cashflow by restricting your cashflow by paying you more slowly. As a business, it’s important that you get paid what you’re owed by your customers/clients. Late payments, and people trying to avoid paying for goods and services, can be costly to your business and have long-lasting and damaging repercussions.

Here are seven basic tips
1. Invoice as normal
2. Chase
3. Credit hold
4. Final notice
5. Legal action
6. Debt Recovery
7. Analysis
For all your business debt recovery requirements or a free no obligation consultations call 0333 121 0161 or visit www.avcdebtrecovery.com

12/10/2022

Post Covid (not that it is yet post Covid) every business will be feeling the pinch and some companies will seek to improve their cashflow by restricting your cashflow by paying you more slowly. As a business, it’s important that you get paid what you’re owed by your customers/clients. Late payments, and people trying to avoid paying for goods and services, can be costly to your business and have long-lasting and damaging repercussions.

Here are seven basic tips
1. Invoice as normal
2. Chase
3. Credit hold
4. Final notice
5. Legal action
6. Debt Recovery
7. Analysis
For all your business debt recovery requirements or a free no obligation consultations call 0333 121 0161 or visit

From offices in Surrey and Dorset we deliver business debt recovery, commercial debt recovery and business debt collection via experienced contract law professionals. A business to business debt recovery agency that collects your monies successfully, getting your monies into your account across the....

06/09/2022

Getting Paid on Time in Crisis Times

There’s no escaping the news headlines about the cost-of-living crisis currently unfolding here in the UK. There is certainly no magic wand to end the cost of living crisis, but what we do have here at CW Contract law and Legal and AVC Debt Recovery is a team who can help should your business start to be affected by late or overdue payments. Whilst in these unprecedented circumstances a degree of empathy and understanding should be given, not getting the money owed to you could be detrimental to your business.

Late or overdue payments can cause significant problems for any business, and quickly turn a profitable operation into one with cashflow difficulties. If there is no dispute over the amount owed, but no payment has been forthcoming, it may be beneficial to seek debt recovery advice.

Our legal experts have many years of experience in dealing with credit control and can help you to achieve full payment of the debt. Evidence suggests that the longer a debt goes unpaid, the chances of recovery reduce so swift action is essential.

We are one of the few to offer a free no obligation legal consultation and our team can provide practical and economical advice on all areas of debt recovery.

www.avcdebtrecovery.com

Business Debt Recovery, Business Debt Collection and Commercial Debt Recovery. Offices in Surrey and Dorset. Debt recovery and debt collection from experienced contract law professionals. A business to business debt recovery agency that collects your monies successfully getting your monies into your...

28/05/2021

Boris Johnson receives County Court Judgment (CCJ) for £535

This headline shocked may people when it flashed up last week, but Boris Johnson isn’t alone in having a County Court Judgment (known as a CCJ) against his name. According to figures from Registry Trust, the agency that records information about County Court Judgments, over 250,000 CCJs were recorded against UK individuals in the first quarter of 2021.

What is a CCJ and what does it mean? Almost all CCJs are money judgments, which means that one party (the debtor) owes money to another (the creditor), either as a result of an unpaid invoice loan or other credit agreement which was not paid back on time, or not at all. In these circumstances the creditor can go to court to issue a County Court Claim against the debtor, which set out that the money must be repaid.

If the Claim is ignored, or is unsuccessfully defended, then a CCJ will be entered against the debtor. All Judgments are entered onto a central register which is managed by Registry Trust on behalf of HM government, and will stay on the register for six years. All the main credit reference agencies have access to the register and will use the presence of a CCJ as one of the factors when calculating credit scores. This is why people are warned that a CCJ may affect their credit rating, which in turn could make it harder to borrow money in the future, take out a mortgage, open a bank account or carry out a number of other services including obtaining a mobile phone. The register is open, meaning that any other individual or business can also look up details of a CCJ for a small fee.

It was surprising that Boris got one as it was addressed to 10 Downing Street, although Boris does have a history of credit issues as he forgot to change his US citizen status and paid tax to US IRS for a UK house sale. So, what does this mean for Boris? Well, assuming that the Judgment has not been entered in error then the main thing is that more than 30 days have passed since the Judgment was registered. This is significant because if a Judgment is paid off in full within 30 days the debtor can apply to have the CCJ completely removed from the register as if it had never been entered. However, after 30 days, even if the Judgment is subsequently paid in full, the details will remain on the register for six years and will continue to affect credit ratings for that time.

It is unusual for a high profile individual to allow a matter such as this to progress for so long. Even if he was personally unaware of court proceedings, once the CCJ was registered he should have taken prompt action to settle the matter and either have the Judgment settled or, if it was registered in error, applied to the Court to have the Judgment set aside whilst the matter was investigated. No doubt his lawyers are on the case and whilst getting a CCJ removed is not that easy the easiest way is never ignoring any County Court paperwork and if you are a business make sure you tell supplier of your updated address or get mail redirected.
www.cwcontractlawandlegal.co.uk

Fixed cost legal services and business terms and conditions. Contract checking. price starts from £90.00. Legal services for for start ups, SME's and owner managed businesses. Delivering affordable legal services,business contracts. debt recovery and building trade dispute resolution under English ...

18/08/2020

How will Brexit impact commercial contracts?

The red line that the UK government will not cross has been acknowledged by the EU; namely that the European Court of Justice (ECJ) will not have any jurisdiction over relevant UK jurisdiction after the end of the transition period on December 31 2020. Whilst may commercial agreements cite the relevant UK jurisdiction and seem to be neutral with respect to the UK being an EU member state this is an important point. You will still be able to do business, but the jurisdiction and seat of any arbitration will be important.
Therefore, checking contracts and, if necessary, agreeing the two areas above should not be overlooked.
Another area that may become crucial is agreement on prices and currency fluctuation.
In the meat trade the Irish never mentioned currency when it was 120 punts to the pound, but when pound and punt achieved parity it became the main topic of negotiation.
Post Brexit and Covid 19 there could be large currency fluctuations between the euro and pound.

It makes sense to make sure there is a simple waterfall disputes procedure that always makes the parties talk to each other first (you would be surprised how many lawyers write in recourse to arbitration as a start point) and common sense says that auditing any existing contracts with European entities via a contract review is best practise.
If that means a round of negotiations then so be it.
Some things will remain as is , especially the basic desire of the desire to trade amicably.
Make sure your contracts and agreements reflect that and preclude issues before they arise.

If you have a contract that refers to the EU make sure it does not reference the UK being a part of the EU.
You may also want to review force majeure definitions in your contract and consider whether the end of the transition period and the UK leaving the EU fits within the definition. In particular, is there is a clause referring to ‘material adverse change’, or any similar wording which allows the renegotiation of terms should the contract become subject to a change in the law or unprofitable.

If in doubt about any matters it is always best to agree a new document especially if current contract rely upon EU rules or the ECJ.
The withdrawal agreement states that the UK will continue to apply the General Data Protection Regulation 2016/679 (GDPR 2018), notwithstanding that as the UK will not be continuing as an EU member state, companies will be required to update commercial contracts wording and privacy notices. Make sure you are up to date. No doubt the UK government will update their UK. Gov website, so instead of Facebook check this out from time to time.

In summary, contract reviews can help avoid any post Brexit issues and Covid-19 has added another layer of potential complication.
The law of contract is there to aid your business. Don’t get caught out by assuming everything will remain as is.
Our contract checking service starts at £90.00 with no hidden costs.

Fixed cost legal services and business terms and conditions. Contract checking. price starts from £90.00. Legal services for for start ups, SME's and owner managed businesses. Delivering affordable legal services,business contracts. debt recovery and building trade dispute resolution under English ...

14/08/2020

Contracts Post Covid

The gradual return of business as we know it will start to roll out over the coming months and then on December 31 2020 we may or may not enter new phase of contractual relationship with the EU or WTO.

Commercial contracts are the bedrock of every business transaction and whilst it is possible to conduct business via a handshake or nod a written commercial agreement is best practise and precludes the word we hate : ambiguity .
The primary purpose of written terms is to provide a clear framework as to how the parties in a commercial relationship propose to work together.
Agreements that form a legally binding contract but drafted with vague conditions, may lead to uncertainty and often contracts that are heavy on the legalese but light on the ways of working are a prelude to costly legal disputes.

A well drafted contract will seek to ameliorate risks and roadblocks within a business relationship and clarify the responsibilities of each party and every contract should have a simple waterfall disputes procedure; not disagreement call the lawyers or an expensive arbitrator as 90% of disputes are solved by people communicating, so why make a contract different to real life.
It also makes sense to minimise liability outside of what cannot be excluded by law.

Even under ideal circumstances, minor breaches of a contract can occur, especially if the contract spans many years.

However, an international unprecedented incident such as the Coronavirus pandemic can result in breaches of contract law that are unavoidable. Having your contracts reviewed is a simple low-cost step to ensure that your interests are protected. Would you go on holiday without travel insurance?
There are different types of breach in a contract.
Minor, Material, Fundamental and Anticipatory breach
A minor breach of a commercial contract has little or no impact on the outcome of the agreement and most contracts include a simple remedy clause if the parties cannot use their nous to solve the issue.

A material breach may well have a detrimental effect on the way the contact is delivered, but unless it is a breach without remedy then good contracts will seek that breaches can be remedied within a time period. The law states that remedy for a material breach is the cost of breach plus damages from the breach.

A fundamental breach goes right to the heart of the agreement and presents a clear break in terms of the agreement. The injured party can seek to terminate the contract under the law regardless of what is written.
An anticipatory breach refers to situations where one party tells the other they cannot perform all or part of an agreed contracts. The non-performing party can be liable for damages.

Can a force majeure clause limit liability for a breach resulting from Covid-19?
The Coronavirus pandemic has been seen to cause a breach of existing contracts in several ways. Supply chains may have been disrupted and deadlines might have been missed for delivery or payment or fulfilment of services. A force majeure clause can mitigate a party’s liability if they are unable to perform part or all of the contract due to an unforeseen event. However, careful wording has to be included to cover pandemics. So, for breaches to date, a careful examination of the contract would be required to see if the criteria for force majeure had been met. If not specifically covered, it may be the case in future that Covid-19 is no longer be considered a force majeure event in law as it has been with us since the beginning of 2020, so its impact can therefore be anticipated by the contracting parties. However, there will be precedent at some pint regarding this as SARs was a coronavirus which caused disruption and it is reasonable to assume that in the future more viruses will break out. Whether a force majeure clause can cover this and what precedent will be set by Judges is awaited.

Contract reviews can save time, money and stress
Uncertainty causes issues in business. A recent study by the Legal Services Board found that 20% of businesses reported ill health impacts for staff from prevailing legal issues. Having your commercial contracts drafted and checked by an experienced legal practitioner will assure that the legal advice provides clarity around the obligations and liabilities within the law of contract. It is the old holiday insurance peace of mind. The insurance does not give you carte blanche to tombstone, but you know you are covered against most risks.

Whatever business you are in the basic premise of contracts and the law of contract applies to you. It was sonly 50 years ago that George Best was used for breach of promise when he decided not to marry one of his many girlfriends he got engaged to. Whilst that law was removed from the statute books everything is governed by the law of contract and in life and business you will have disputes.

Here is sample of the types of contract we draft and check:
a. Supply and purchase of goods and services
b. Export and import of goods and services
c. Agency and distribution agreement
d. Leases
e. Partnership Agreements
f. NDAs
g. Software and IT contracts
h. Contractor and outsourcing contracts
i. Licenses and development agreement
j. Business Terms and Conditions
k. Franchise agreements
l. Joint venture agreements
m. Shareholder and investment agreements

Legal issues in contracts post COVID
Contract reviews may well become important to minimise performance or legitimately get out of the contract and the resultant liability for breach in the future, or you may want to be in a position where you can enforce the contract against someone else who is trying to avoid it.

There are some simple clauses we always include:
a. Having a cap on liability for you if you are in breach
b. Minimising your warranties to the other side;
c. Making sure there is no indemnity (or a diluted indemnity from you if you are in breach
d. Excluding performance guarantees from you, e.g. sales targets
e. Back-ending any payments due from you, so that if something goes wrong you have not deployed all the cash required by the contract
f. Having a disputes resolution procedure clause
g. Setting out ways of working (lots of lawyers miss this simple insertion into contract ever fails because of the liability of severability or contract rights of third parties) it fails because of the lack of clarity of how people wish to work together. When you get married on a Friday its always a good idea to tell your wife you go to football every Saturday afternoon.
h. Choose the jurisdiction of English law if your business is in England & Wales.
i. Cutting down or not including which make it easy to avoid performance
j. Having clear remedies for any breach.
k. Maximising warranties from the other side
l. Make sure your remedies for late payment are clear and concise.

CW Contract Law and Legal offer a free no obligation consultation on all matters relating to contract law and business terms and conditions and business debt recovery.

Fixed cost legal services and business terms and conditions. Contract checking. price starts from £90.00. Legal services for for start ups, SME's and owner managed businesses. Delivering affordable legal services,business contracts. debt recovery and building trade dispute resolution under English ...