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Covid-19 proof your commercial contracts – contract enhancement service

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Is your contract Covid secure?

We have seen many contracts and advised commercial organisations on their contractual and legal options since lockdown restrictions were imposed by the UK government earlier this year. Most of these contracts are entirely unhelpful or silent on what parties are supposed to do when lockdowns or social mobility restrictions are imposed.

To address this common problem, we’re offering you a fixed price product for the review and upgrade of your English law template contract(s) to be Covid-19 secure.

How it works

To Covid-19 proof your commercial contracts, we have set out the three step process below, all available for a fixed fee.

Stage 1- your initial call with us

Before our initial call with you, we will ask to see a copy of your relevant contract or terms. In our initial call with you we will need to understand exactly how Covid-19 has impacted your business to date, and how you have managed to adapt to the fast changing environment in which we now operate. This will enable us to appropriately tailor the upgrades required to your documents and to give you a clear roadmap to follow in future. In addition we will use the call to get an understand of:

  • The nature of your contracts or terms to be upgraded
  • Any relevant context, including how your business has been affected by Covid-19 and social distancing restrictions, what changes you have made, and how your workforce has adapted
  • Whether you require us to view one contract, or a series of contracts
  • The options that you would like to see included in your contracts (such as a right to suspend performance, or terminate entirely)
  • Any specific additional related queries or concerns that you have on this issue.

Stage 2 - contract upgrade

Following on from our initial call in step 1, we will carry out the necessary upgrades to the relevant contract or standard terms, either as an addendum or variation to an existing contract or preparation of a new contract with upgrades specifically to the following:

  • Force majeure provisions
  • Possible addition of new COVID definitions
  • Enhanced contractual flexibility through change control
  • Altered payment structures with delay payment features
  • Amendments to service levels, performance indicators or service credits
  • Alterations to contractual governance terms
  • Reduction of exit and breach provisions to apply only in limited circumstances
  • Addition of a possible ‘coronavirus’ clause or schedule to set out business continuity provisions applicable in certain circumstances
  • Amendments to any other clauses that contradict or are inconsistent with the new provisions.

Stage 3 - your follow up call with us

Following on from our work in step 2, we will arrange a call with you to review our upgrades and discuss any queries you may have. Any further updates necessary from the call can be included, subject to any additional costs to the fixed fee product, which you will be made aware of in advance.

Next steps

If you would like to find out more, please contact us. Our fixed fee and charging rates are available on request, and we look forward to speaking to you.

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