A Complex Challenge
Engineering and construction as well as the operation of machinery and production facilities and their integration into logistic processes today require, beside technical know-how, a high level of knowledge of products and human skills on both sides of the business. A certain degree of abstraction is necessary for drafting work contracts or general contractor agreements. These types of contract need to offer rules for the co-ordination of processes or responsibilities and to define, who will be responsible for what within which scope.
For example, electronic systems operating with sophisticated control software often require access to a database. Drafting and negotiating the related contracts require substantial expertise in this technical and business issue.
Any financing concept creates a specific contract situation in which the financing party requires legal protection. And the contractor must secure its deliveries and facilities. Therefore, a solution for any conflict of interest must be found in drafting the legal framework, and the implications of tax law must receive careful consideration.
The profitability of an investment can be better secured if performance and availability guarantees have been agreed upon.
Work and deliveries of one party, especially within a long term project, rely on the payments, payment securities and co-operation of the other party. Any down payments of the ordering party should either be secured by the contractor delivering products or providing financial securities for the fulfillment of its contractual obligations.
Substantial experience is required concerning the various documents which have to be drafted and/or exchanged between the parties when entering a project agreement. To name just a few: qualified specifications of the scope of performance must be created and re-drafted, if necessary, during the term of a project; the level of documentation must be determined; acceptance protocols need to be specified; categories of defects must be identified; availability and performance times should be agreed upon as should the performance and prices of education, support, repair and inspection at the time of negotiating this type of contract.
drafting of agreements and contract management concerning
– carrying out,
– acceptance and
– enforcing of warranties and guarantees resp. defence
developing of financial and insurance concepts
legal project management
legal and language related coordination on the occasion of international agreements
legal representation in settlement proceedings as well as in ordinary jurisdiction