Expertises connexes

Although according to the Civil Code, the parties’ consent (even expressed verbally) is sufficient for the formation of a contract (article. 1385 C.C.Q), it must be said that in reality, it is often much more complicated. Indeed, depending on the type of contract, the statutory rules vary to allow a contract to reach its full effect (for example, 1455 C.C.Q.: the sale of immovable property must be published in the land register).

Caution is advisable in contractual matters, for both businesses and individuals. A properly drafted contract allows parties to be clear about the transaction they wish to carry and can prevent many future problems.

Our team, conscious that time is of the essence in contractual negotiations, aims to support you in the negotiation process in order to reach a satisfactory outcome in line with your objectives. We promote conciliation and compromise to avoid as much as possible any failure in this process, which can be damaging to all parties.

We can help you in drafting a contract defining your relationship with your counterparty in a long or short-term perspective while protecting your interests. We may include, as needed, various clauses:

  • Non-compete
  • Intellectual Property
  • Automatic renewal (implied renewal)
  • Penalties (delay, non-performance, etc.)
  • Limitation of liability
  • Suspensive, resolutive or conditional
  • Arbitration
  • Term
  • End and cancellation of contract
  • Warranty exclusion
  • “Force majeure”
  • Attribution of competence (election of domicile for litigation)

The Bernier Fournier team believes in the importance of a solid preparation for a successful negotiation process. From simple to more complex situations, we can provide you with the legal support for:

  • identifying your needs and goals (individual or corporate)
  • the precise description of these needs
  • the preparation of the negotiation meetings and choice of the atmosphere
  • the negotiations, talks, securing an agreement and  determining appropriate concessions
  • the summary analysis of the counterparty and of its offer (strengths and weaknesses)
  • the drafting of a preliminary agreement
  • the drafting of counter-proposals
  • the drafting of a contract