Contracts encounter us in daily life in all possible situations and their importance, as well as the need for a disciplined and purposeful design, is often underestimated. For example contracts for house building or purchase, loan agreements, agreements in the current employment relationship, GTCs, purchase contracts of any kind and, of course, complex purchasing or project contracts for companies. In many cases, the layman skips the text and is surprised that in the case of the dispute exactly the points at which the negotiations took place were not clearly defined in the contract. A good contract is characterized by the fact that the interpretation possibilities for third parties (unfortunately mainly judges), which must decide in case of doubt, are reduced to a minimum, so that at a later stage the contract text offers the solution for conflicts and a controversial or even judicial dispute can be avoided. Often, it is hardly possible for a party involved to recognize this third aspect sufficiently. With the “insider knowledge” and understanding at the time of the conclusion of the contract a completely different interpretation is possible, as it is still accessible to a third party in the future or the involved parties after some time. The frustration over a purely negative judicial interpretation is often due to a vague regulation in the treaty which forces the court to decide at its own discretion on the basis of less favorable legal regulations or without a detailed knowledge of the background.
This is probably the origin of the German saying “In court and on the high seas one is in God’s hand”. However, this does not have to be so, or in any case, the alleged uncertainty can be clearly limited by a professional contract management and an expert consultation that focuses precisely on these details.
For many years, the law firm Dr. Fassbender Attorneys at Law advices you both in individual contracts, as well as in complex international project contracts, purchasing contracts, negotiations, in the risk assessment of difficult contracts and much more.
In order to conclude contracts, tenders under public procurement rules are often the mandatory first step towards initiating contracts between the business world and the public sector. Already in this early phase, our firm supports you reliably so that you can recognize and fulfill the formal legal requirements of the tender. If you have doubts about the proper conduct of a tender, we can provide you with a specialist contact who will supervise the procedure for you.
With regard to the corporate world, we not only support contractual negotiations both nationally and internationally but also manage the contractual arrangements down to the level of drafting individual wordings. Further monitoring of compliance with the contract content follows the initiation of the contracts, but is also offered by the firm in the case of existing contractual relationships. Commercial contract management is one of the most distinctive expertise of our law firm.
The contractual project design, including the risk assessment of complex project contracts, is also monitored.
The network of national and international experts in many jurisdictions and (legal) areas of expertise, established within the scope of his overall responsibility for the largest business area of a globally operating group, allows Attorney at Law Dr. iur. Marcel Fassbender to provide his client access to such network at mostly very advantageous conditions.