Contracts: Know who you are dealing with?

We have come across many instances where clients thought they were contracting with party A, but subsequently discovered they were contracting with party B. This presents significant risk to clients as they may be unable to enforce their rights or recover lost money from the party they thought they were dealing with. Don’t let this be you!

In order to maximise your ability to recover if things go wrong we recommend:

Know who you are dealing with

The person in front of you may be representing a company or other entity and may not be the party against which your remedy may lie.

Do some research

Online searches and following up on their references are always useful. An isolated bad review may not be conclusive, but a number of bad reviews may signify a trend.

Written Agreement

Make sure a proper written agreement or contract is in place which clearly reflects the rights and obligation of each party. Be wary of committing to payment of substantial amounts in advance, particularly in tough economic times. This step is where an attorney can be invaluable in assisting you to assess and minimise your risk.

Seek Legal Advice

If you are not happy with the performance of the other party, seek legal advice as soon as possible to make sure that you have the best prospects of enforcement or recovery, should it be necessary. Contact us for more information.