Home › Services › Contract Drafting
Practice area

Contract drafting: Contracts that hold up even in the event of a dispute

A good contract does not regulate the normal case, but the exceptional case: What happens in the event of default, defects, termination, or dispute? It is precisely there that the decision is made whether a contract protects your company or merely describes the cooperation.

A good contract does not regulate the normal case, but the exceptional case: What happens in the event of default, defects, termination, or dispute? It is precisely there that the decision is made whether a contract protects your company or merely describes the cooperation.

Clience.Legal drafts, reviews and negotiates contracts for companies — with a focus on liability, liquidity and the question of how claims can actually be enforced later on.

Table of Contents

The clauses that matter when things go wrong

Liability clauses limit risks — but only if they are worded validly. Delivery and performance terms establish clear rules about scope, deadlines, and acceptance. Payment terms determine your liquidity, termination provisions your planning certainty. Confidentiality agreements protect know-how, while provisions on dispute resolution and place of jurisdiction determine how expensive a conflict becomes.

In practice, these points are often copied from old contracts. The result is clauses that suited the business of that time but no longer fit today’s — or that are invalid in a T&C context and are then replaced by the statutory rules, which are often less favorable than what one believed had been agreed.

We therefore structure contracts based on risk: what could go wrong, how likely is it, how much does it cost — and which clause covers it? This applies to the framework agreement with a major customer as well as to the T&Cs of an online store.

When a legal contract review is worthwhile

Not every contract needs to be reviewed. A review makes sense whenever the economic volume is high, the term is long, the other party is significantly larger, or the contract is clearly one-sided. Even for contract types you are concluding for the first time — such as your first distribution or license agreement — a review almost always pays off.

The brief for the review should not be “is this legally okay?” but “where are my risks and what do I negotiate first?”. This prioritization is the real value of a legal contract review: afterwards, you know which three points you need to push through — and which ten you can safely let stand.

Electronic signature and digital contract processes

Contracts are increasingly being concluded digitally. Electronic signatures are available in various forms that differ in evidentiary value and effort. For some legal transactions, formal requirements still apply that call for a specific type of signature or the written form.

We determine the appropriate form for each contract type in your company and set up the process so that it remains verifiable in the event of a dispute: from identifying the signatories to archiving and documenting the versions of the contracts.

Why contracts should not come from an AI tool

AI tools quickly produce text that sounds plausible. What they do not provide is knowledge of your business model, your negotiating position, and which clause is valid in the specific T&C context. An invalid limitation of liability is worse than none at all, because it creates a false sense of security.

The reverse approach makes sense: AI assists with research, structuring, and initial evaluation of large contract portfolios; the legal responsibility remains with the lawyer. This is exactly how we use these tools in our firm.

Book a Consultation

15 to 20 minutes, by phone or video — no obligation — including a free initial assessment.

Table of Contents

Attorney Darius Dubiel

Darius Dubiel

Attorney, Certified Specialist in Commercial and Corporate Law

Target group

Who is this relevant to?

Companies with recurring contracts

You need reliable standard contracts instead of individually pieced-together documents.

Companies facing major contracts

The customer’s contract is on the table — and you want to know what you are getting into.

Online retailers and platforms

T&Cs, order terms, withdrawal rights and data protection must dovetail.

Companies with international partners

The applicable law, language, place of jurisdiction and delivery terms must be consistent.

Companies in conflict

The other party fails to perform — and you want to know what rights you actually have.

Services

Typical questions and services

Contract drafting

Contracts tailored to your business model rather than standard documents.

T&Cs and order terms

Legally sound sets of clauses for trade, services and e-commerce.

Contract review

Analysis of the other side’s draft contracts with a clear risk assessment and proposed changes.

Contract negotiation

Support in negotiations — in writing or directly at the table.

International contracts

Choice of law, place of jurisdiction, language versions and cultural peculiarities.

Enforcement in case of breach of contract

Subsequent performance, rescission, price reduction, damages — out of court and in court.

This is how we work

How we work together

01
02
03
04
01
Step 01

Free initial appointment

Brief introductory conversation, digital and non-binding.

02
Step 02

Send documents

Secure and digital, with no paperwork at all.

03
Step 03

Free initial assessment

Analysis of your situation with clear recommendations.

04
Step 04

Digital collaboration

Efficient, location-independent and personal.

Frequently asked questions

Questions about contract drafting

Liability clauses, delivery and performance terms, payment terms, notice periods, confidentiality, rules on dispute resolution and place of jurisdiction, and — where appropriate — contractual penalties.

Especially when the economic volume is high, the term is long, the other side’s draft is one-sided, or when you are entering into a type of contract for the first time.

Electronic signatures come in various forms with varying levels of proof. Certain legal transactions still require specific forms. We explain which form your contract type requires.

First, we examine what rights the contract and the law grant you — subsequent performance, rescission, price reduction, or damages — and pursue the most economically sensible course, preferably out of court.

Yes. The e-commerce package includes T&Cs, order terms, privacy policy and Legal Notice and starts at €2,200 net.

Attorney Darius Dubiel

Attorney, Certified Specialist in Commercial and Corporate Law

Darius Dubiel is a Certified Specialist in Commercial and Corporate Law with a particular focus on compliance advisory, restructuring, insolvency law, digitalization and the use of artificial intelligence (AI) in a corporate context. He specializes in corporate law, legal support for coaches and questions of insolvency and restructuring law. Another focus is representing coaches and educational providers in proceedings concerning the Distance Learning Protection Act (FernUSG), ZFU approval and refund claims by customers.

Book a Consultation

Please describe your request — we will professionally assess it in the free initial consultation and show you the next steps.