+27 10 020 3601 info@chibaattorneys.co.za

CONTRACT AND COMMERCIAL LAW

Chiba Attorneys has extensive experience in pre and post contract award phases. We provide advice on and management of tasks during all stages of the project life cycle.

Our Services Include:

  • Project delivery methods:
    We assist in the planning, design, construction and hand over of a completed project to an owner. We manage the entire process and co-ordinate with stakeholders such as designers, engineers, architects, consultants, contractors and subcontractors.
  • Contract creation:
    We ensure quality documentation which covers payment provisions, notice provisions, change/ variation orders and dispute mechanisms.
  • Reporting and feedback:
    Our progress and contemporaneous reporting incorporate planned delivery dates, daily progress records, cost/labour reports, correspondence registers, claims registers, inspection reports, change orders, health and safety notifications and updates, site meeting minutes and commercial meeting updates.
  • Early warnings:
    We are proactive in advising clients and employers on how to implement measures to avoid time and cost delays in their projects.
  • Contractor’s risk and mitigation tools:
    We handle pre-contract compliance, manage sub contractors, assist with site investigations, draft bonds and guarantees and assist with programme/schedule updates.
  • Employer risks and mitigation methods:
    We manage designers, specification, project variations as well as all communication and project timelines.

COMMERCIAL LAW

We understand that agreements are vital to regulating commercial transactions and relationships and that a well-executed agreement would prevent unnecessary contractual disputes and avoid litigation. Our experienced attorneys are able to assist in providing creative and tailor- made commercial solutions drafted to your specific needs. In this regard our team provides the following commercial law services.

Our Services Include:

  • Interpretation, negotiation, implementation of agreements across various business fields or industries;
  • Drafting and reviewing of various types of agreements including but not limited to memorandum of incorporations, company resolutions, shareholders agreements, sale of business agreements, sale of assets agreements, partnership agreements, service agreements, non-disclosure agreements, joint venture agreements, buy & sell agreements, lease agreements (commercial and residential), consultancy agreements and supply, install and deliver agreements;
  • Business advice, corporate governance, company secretarial services, incorporation and management of various legal entities, joint ventures, business restructuring, and B-BBEE transactions and compliance;
  • Should parties to a contract fail to govern their relationship giving rise to a contractual dispute without any solutions or settlement, our commercial litigation team is best suited to assist in resolving the contractual dispute.

COMMERCIAL LITIGATION

Commercial litigation and dispute resolution is one of our corporate attorneys’ core practice areas. Litigation can adversely impact your business objectives or even the continued feasibility of your business. As a result, it’s critical that our clients receive practical legal advice and focused representation.

Our Services Include:

  • Acknowledgments of debt
  • Confidentiality and non-disclosure
  • Consultancy
  • Demand guarantees
  • Joint ventures
  • Leases
  • Loan Agreements
  • National Credit Act
  • Partnership agreement
  • Purchase and sale of movable property
  • Service level agreements
  • Services contracts
  • Standard terms and conditions
  • Subcontracts
  • Suretyship

Commercial Disputes

Commercial Litigation Attorneys

Commercial litigation deals with a commercial dispute between two or more parties, where one or more of the parties is a business entity. Chiba Attorneys offers logical, and results driven commercial litigation strategies & solutions that take into account your needs and your best interests.

Our savvy and experienced commercial litigation attorneys are specifically educated, trained and experienced in litigation disputes with a particular emphasis on disputes that involve businesses and business-related matters.

Litigation Profile

Litigation is the term used to describe the process of going to court in order to assist a private party or legal entity with a claim that one party may have against the other. Litigation is a stressful process but having the right litigation lawyer by your side can make the process as easy as possible. At Chiba Attorneys we do our best to get our clients a favourable outcome.

Court Representation

Our team of litigators will do our very best to represent you in the court of law.

Desired Outcomes

Going to court is often painful and expensive, we do our best to get our clients the best outcome possible.

Negotiating done for you

No matter the situation you find yourself in we will help you settle all disputes in a timely and inexpensive manner possible.

What Litigation issues to we assist with?

Landlord and Tennant Disputes

Have a tenant who hasn’t paid? Or maybe a landlord that is not honouring their agreement? Then let us help you settle all disputes between landlords and tennants.

Contractual Disputes

Contractual disputes can often destroy relationships and are very stressful for both parties. Let us guide you through the process in the least painful way.

Rescission Applications

Looking to apply for a rescission of judgment? This can be a very complicated process and will require an in-depth audit into your financials.

Property Disputes or Damages

Has your property been damaged by unruly tenants or by other means? Then let us help you protect your assets. We also attend to other property disputes such as eviction and rental payments.

Business Disputes

Business disputes can often arise when two parties have a disagreement over a binding contract and wish to rescind or add conditions to the contract. Commercial disputes can be a lengthy process, especially when both parties do not see eye to eye, however, with Chiba Attorneys you can be assured that we will look to get the dispute resolved as quickly and efficiently as possible.

Mediation and Settlements

Our Directors are trained mediators with international accreditation by The Centre for Effective Dispute Resolution (CEDR) in the United Kingdom. We are trained to mediate conflicts and disputes in many different settings, whether the mediation is voluntary, court annexed or court directed in terms of the mediation rules for the Magistrates Courts and for the High Courts.

Our exceptional corporate litigation attorneys will succinctly explain to you all the options that are available and the practical and legal advantages and disadvantages of the different courses of actions and other matters relevant to your decision.