Management of contracts with partners
Lawyer for Professional and Business Services in Axarquia
Lawyer specialising in the management of contracts with collaborators
Many self-employed professionals need to subcontract part of the production of their products or services to other professionals. In this way, it is a professional who commits himself to the client, who shows his face and then invoices the services, but other professionals are also involved in the operation, of which the end client need not be aware, given that the main professional, who budgets and invoices, is responsible for the operation.
This is a very common situation in certain sectors, such as construction. The client contracts with the developer, or with the builder, but the latter then uses other professionals to carry out the work, which he subcontracts.
Normally, when these relationships between professionals become stable over time, so that they almost always jointly serve the same clients, it would be normal to form a partnership, or any other form of business association. However, this is not always the case, and in many cases, circumstances may dictate that professionals simply collaborate with each other.
Such collaboration must be regulated in some way, otherwise it can be a major source of conflict. We can have complete trust in our "partner" or collaborator, but even in the best families there are disagreements and even the best marriages can divorce. When this time comes, each party is looking out for its own interests, no matter how good the previous relationship may have been.
The intelligent thing to do, as we say, is to regulate at least minimally the basis of this collaboration agreement. Depending on the business and activity, it may be possible to do this in general, for all work where collaboration arises. At other times, separate conditions will have to be agreed for each job.
We are talking about such important issues as the prohibition of competition, the duty of confidentiality, who bears the risk in the event that something goes wrong, the agreed price and method of payment, the deadline for carrying out the work... In short, these are not trivial issues that can make all the difference at any given moment, avoiding unnecessary disputes and lawsuits, and even influencing the success or failure of a specific business or job.
At Montosa Abogado we offer the service of drafting and monitoring this type of contract, both as part of the general consultancy service and separately, if required.