Contract Drafting & Business Agreements

Business contracts form the foundation of many legal relationships. Their purpose is to set out rights, responsibilities, and expectations between parties. This process is best supported by a clear early draft that reflects long-term interests.

Businesses often employ legal counsel to assist with structuring these agreements, helping ensure they better understand their obligations and operate within applicable legal requirements.

Commercial Agreements

Commercial agreements are legally binding documents that ensure the involved parties fulfil their respective obligations and enjoy the rights they are entitled to. They are structured to protect ownership, payment terms, liabilities, and operational expectations. Our contract lawyers advise clients regarding their rights and duties under commercial contracts.

Employment & Independent Contractor Agreements

A contract lawyer can help with drafts and reviews of agreements to reduce disputes and classification risks:

  • Employment Contracts: We have experience providing clarification on role definitions, compensation, and termination clauses.
  • Independent Contractor Agreements: Our role may include reviewing draft agreements outlining deliverables, payment schedules, and commitments to reduce misclassification risk.

Every service complies with employee and contractor obligations under Alberta law.

Partnership, Shareholder, & Joint Venture Agreements

The purpose of these agreements is to establish rules for ownership, decision-making, and exit strategies for partnerships, shareholders, and joint ventures. Below is a breakdown of these sections:

  • Partnership Agreements: Define partner roles, responsibilities, profit sharing, and operational procedures.
  • Shareholder Agreements: Clarify voting rights, share transfers, and dividend entitlements among shareholders.
  • Joint Venture Agreements: Outline contributions, duties, and profit allocation between venture partners.

Properly drafted and reviewed agreements are intended to provide protection against future disputes and to maintain coherence in business relationships.

Contract Review Lawyer Services

A contract review is a practical process for checking agreements before they are signed. The purpose is to identify potential risks and bring transparency to roles before signing. This procedure is critical, as it helps to lower the likelihood of unenforceable contracts and the risk of future litigation.

Contract Review Lawyer Services

Contracts often contain complex legal terms that can make obligations difficult to interpret. Our contract review lawyers assist clients with reviewing provisions related to liability, termination, payment, and dispute resolution. This process includes identifying language that may present heightened risk or create uncertainty if a dispute arises.

Contract Negotiation

Rather than accepting terms at face value, contract negotiation is an important step in working toward agreements that are fair and balanced. Business contract lawyers provide advice on managing risk and negotiating terms effectively.

Purchase, Sale, & Commercial Lease Agreements

Prowse Barrette LLP assists clients in the review and negotiation of high-value commercial contracts:

  • Purchase and Sale Agreements: These outline the terms of buying or selling an asset, such as payment schedules, transfer of ownership, and the roles of both parties. As contract lawyers, we cross-check the terms, advise on potential risks, and negotiate protections in every transaction.
  • Commercial Lease Agreements: The rights and obligations of tenants and landlords are defined. This includes rent, maintenance, and liabilities.
BOOK A CONSULTATION
Contract lawyer reviewing legal documents with clients

Disputes & Breach of Contract

A breach of contract can raise legal and practical issues for businesses and individuals.

In these circumstances, parties may seek legal guidance to understand their rights, obligations, and available options for addressing the dispute.

Enforcing Rights

When one party fails to meet its contractual responsibilities, legal remedies may be available depending on the circumstances. Prowse Barrette LLP assists businesses and individuals in understanding available options for addressing potential breaches. These options may include negotiation, the use of demand letters, and, where appropriate, litigation.

Contract Dispute Resolution

Contract dispute resolution may involve a range of approaches, including negotiation, mediation, and formal legal proceedings. Depending on the nature of the dispute, a contract dispute lawyer works with clients to consider options that are appropriate to their circumstances. In some cases, this process may also take into account the impact a dispute could have on ongoing business relationships.

Suing for Breach of Contract

When a breach of contract is discovered, litigation may become necessary if informal resolution efforts fail. Suing for breach of contract involves the initiation of formal legal proceedings to pursue damages or other remedies available under the law. We can help manage contract litigation through:

  • The preparation of claims
  • Evidence presentation
  • Advocating for appropriate outcomes

However, every legal matter is unique. Outcomes depend on specific facts, applicable law, and in some cases, judicial discretion.

Unenforceable Contracts & Risk Management

An unenforceable contract can arise when poor drafting, missing essential terms, or unlawful provisions undermine an agreement’s validity. These issues may leave parties without legal protection or effective recourse.

Below is how contract lawyers address these issues to lower exposure and uncertainty:

Identifying Unenforceable Contracts

In some cases, indicators of an unenforceable contract may be identifiable. These can include misrepresentation, missing consideration, or terms that may be considered unfair under applicable law. Identifying these issues early may allow parties to consider steps such as revising clauses or restructuring agreements to address potential enforceability concerns.

Contract Compliance Audits

We assist with contract compliance audits of business agreements to assess whether terms remain aligned with current operations and legal requirements. These checks help identify gaps, outdated provisions, or overlooked commitments. When handled correctly, exposure is reduced and liability is limited across contractual relationships.

Contract Risk Mitigation

Contract risk mitigation focuses on reducing uncertainty and potential exposure through careful drafting and review. The language used in a contract can affect how obligations are interpreted and enforced under Alberta law.

For example, courts may examine whether wording creates a mandatory obligation or allows discretion:

  • “Shall” is often interpreted as imposing a binding requirement.
  • “May” is generally read as permissive and may provide flexibility, depending on context.

Understanding how contractual language operates can assist parties in clarifying expectations and reducing the likelihood of disputes or unintended obligations. Legal review at the drafting or revision stage may help address these risks before they arise.

Our Professionals

A dedicated team of experienced lawyers committed to clear advice, practical solutions, and trusted advocacy.