All businesses, whether in the healthcare sector or not, routinely enter into commercial contracts, often without spending much time considering their terms or the implications of them. Healthcare businesses can enter into many types of commercial contracts including agency agreements, supply agreements with utilities suppliers or facilities companies, management arrangements or occupational licences, as well as PFI or quasi PFI style contracts.
As contracts involve the creation of legally enforceable rights and obligations it is essential that those negotiating and entering into them are commercially aware and properly authorised.
We advise in relation to all aspects of commercial contracts, including:
- providing generic advice in relation to common pitfalls to watch out for when entering into commercial contracts;
- conducting (or providing ‘behind the scenes’ advice in relation to) the negotiation and formation of more complex commercial contracts;
- drafting standard terms and conditions of contract;
- drafting website terms and conditions and associated documents;
- advising on procurement issues;
- advising on the implications of existing contracts that businesses may have succeeded to, such as PFI contracts;
- advising on any related intellectual property issues (including copyright, trademarks, and patents); and
- acting on the recovery of debts and other types of enforcement action.