Whether you are embarking on organic growth (from your existing operations) or inorganic growth (mergers and acquisitions) we can assist you.
TENDERING – PUBLIC AND PRIVATE SECTOR:
Successful tendering is a delicate balance between marketing and managing risk, we can help you strike this balance by submitting a competitive tender with clearly articulated assumptions and limitations.
We regularly work with State and Commonwealth procurement policies and guidelines and respond pragmatically to panel contracts, deeds of standing offer and other standard form government contracts such as NSW Procure IT, QITC, GITC, Vic State Purchase Contracts, Head Standing Offer Agreements, Commonwealth CCS..
We will assist you to make a ‘bid/no bid’ decision, to identify key tender risks and focus on mitigation of these through a mix of pricing assumptions, scope qualifications, appropriate contract compliance responses and operational measures such as insurance.
CONTRACT NEGOTIATION – NEW BUSINESS AND RENEWALS:
Negotiating a deal is about getting the deal done, it is not an exercise in legal wizardry or a combat sport.
One of our greatest strengths is our pragmatic and fair approach to contract negotiation. Our aim is to help you to close a deal by ‘saying yes’ without risking the house. We achieve this by understanding that a contract is a tool for allocating risk. A ‘good contract’ is one that fairly balances risk and reward between the parties.
A contract cannot shield you from every risk, it is one element in your risk management toolkit, other elements include; insurance, operational diligence, competent project management, effective change management and managing customer expectations. A good lawyer applies these elements in negotiation.
MERGERS AND ACQUISITIONS:
M&A transactions are an exciting time of challenge and opportunity for any business. We can guide you through this process.
With over 20 years’ experience in M&A, across a broad range of industries acting for both buyers and sellers, we have developed an end-to-end service for M&A transactions including; due diligence, advising on transaction structure and risk, negotiating contractual terms, managing conditions precedent (e.g. employee and customer consents) and post-contractual obligations (e.g. lease assignment), through to integration and change management once the transaction is complete.
If you have an in-house legal team, we can support them through the M&A process as external counsel or stepping in-house, briefing external counsel on your behalf and managing the transaction as an extension of your in-house team.
JOINT VENTURES, PARTNERSHIPS and ALLIANCES:
We have a suite of documents to assist you in extending your channels to market by setting up joint ventures, partnerships and alliances.
HOW TO AVOID GIVING AWAY TOO MUCH EQUITY OR CONTROL:
Setting up appropriate classes of shares with various vesting and voiding rights and utilising loan agreements will enable you to obtain funding and services during the start up phase without giving away too much initial capital or control. We can assist you to achieve this.
We need help responding to a tender
We won the tender! We need help to negotiate the contract
We are buying a business
We are embarking on a joint venture
What do we need to know to do business with the Australian government?