Commercial Contracts Lawyers, Hamilton and Strathaven
Ensuring that a business has the right commercial contracts and agreements in place is an important part of its long-term success. Our commercial contract solicitors can provide clear, pragmatic and commercially focused advice to clients in a wide range of businesses and commercial arrangements.
Commercial contracts and agreements
We aim to ensure that a business’s commercial contracts are legally robust, reflect the nature of the relationship with suppliers, customers and business partners, and assist the business in managing its day-to-day risks and achieving its longer-term objectives.
Our experienced lawyers can advise you, among other things, on:
Commercial Contracts Frequently Asked Questions
What should be included in a commercial contract under Scots law?
A commercial contract in Scotland should identify the parties, describe the goods or services, outline payment terms, set out any limitations of liability, include confidentiality clauses, and explain how and when the contract can be ended. It’s also wise to state that Scots law applies and that any disputes will be handled in Scottish courts.
Are verbal agreements legally binding in Scotland, or does a contract need to be in writing?
Verbal agreements can be legally binding for many types of commercial contracts in Scotland. Having a written contract is always recommended, as it provides clarity, reduces misunderstandings, and makes enforcement much easier if there’s a dispute.
What are the most common causes of disputes in commercial contracts, and how can they be resolved?
Disputes often arise from unclear terms, non-performance, late payments, or disagreements about deliverables. Resolution usually starts with checking the contract’s dispute resolution clause, gathering evidence, and trying negotiation or mediation before considering legal action.
How do I protect intellectual property in a Scottish commercial contract?
Intellectual property ownership and use should be clearly set out in the contract. If you’re transferring ownership, this should be in writing. If you want to allow use but keep ownership, grant a licence with clear terms and any restrictions.
Who should sign a commercial contract for it to be legally valid in Scotland?
A contract should be signed by a director, company secretary, or another authorised person on behalf of the company. Having the signature witnessed can add legal strength, following Scottish requirements for certain contracts.