Local Government bodies are responsible for town planning and infrastructure, managing community facilities such as libraries and recreational areas, arranging maintenance of roads and amenities, and providing services including waste management and recycling.
In performing its functions, a Local Government body must enter into various commercial transactions. These may range from contracts with other public bodies or private entities for the ongoing provision of goods and services, to major contracts for building and infrastructure, or the acquisition of land.
A contract sets out the rights and responsibilities of parties entering into a commercial transaction. As a legally enforceable document, the terms of a commercial contract must be considered in light of the proposed transaction, the parties’ requirements and circumstances, and within the confines of various laws that may impact upon the undertaking. The contract must also be commercially viable while minimising risk and liability.
Advising Local Government when entering into a commercial transaction requires expertise not only in contract law and the relevant subject matter, but an understanding of the unique position of the Government body and the regulatory framework within which it operates. This includes consideration of the body’s authority to enter into the contract; whether the proposed transaction meets procurement requirements; compliance, procedural and notice issues; and ensuring that contract provisions do not conflict with the power conferred on the Government body under the authorising statute.
Our lawyers combine knowledge of Local Government legislation with strong commercial acumen, enabling them to deliver pragmatic advice and legal solutions tailored specifically to Local Government bodies. We can review, draft and advise on contracts for range of commercial transactions including:
- property transfers and land acquisitions;
- land management agreements;
- commercial leasing and licensing;
- supply contracts;
- service and maintenance contracts;
- facilities management contracts;
- construction contracts;
- IT contracts;
- plant and equipment leasing and purchase.