Drafting of Contracts in Bedfordview

Burger Huyser Attorneys drafts and reviews commercial and personal contracts through its Bedfordview branch at 45A Florence Avenue. The service covers leases, shareholders’ and partnership agreements, sale agreements, employment contracts, service-level agreements, mandates, suretyships and credit agreements that fall under the National Credit Act 34 of 2005.

Each instruction begins with the transaction itself: what the parties intend, which risks each party will carry and what should happen if the relationship changes or fails. The usual process is a consultation, a scoped quotation, preparation or markup of the draft, a client review cycle and guidance on execution.

Why Use a Specialist Contract Drafting Attorney in Bedfordview

South African contract law gives substantial weight to pacta sunt servanda—agreements freely concluded should generally be honoured. A signed contract cannot usually be escaped merely because its consequences later become inconvenient. The Constitutional Court has nevertheless confirmed that enforcement remains subject to public policy, viewed through constitutional values. Careful drafting is therefore not a cosmetic exercise: it records the bargain, allocates risk and reduces uncertainty before a dispute arises.

A specialist contract attorney translates commercial intent into workable obligations. Small changes to an indemnity, liability cap, payment trigger, breach notice or termination right can materially change the parties’ exposure. Burger Huyser’s Commercial Law and Contracts practice includes specialist consultant J’Retha van Rensburg and admitted attorney Mari Köhne, whose commercial-law work aligns with this need for focused drafting and review.

What the Service Covers (Scope of Engagement)

• Drafting from scratch: turning an instruction, term sheet or verbal commercial understanding into a tailored first draft that reflects the transaction, industry and client’s risk profile.
• Reviewing and amending another party’s draft: identifying one-sided, vague or missing terms; explaining the practical effect; and proposing language for negotiation before signature.
• Preparing specific agreement types: residential and commercial leases, shareholders’ and partnership agreements, sales of businesses or movable and immovable property, employment and independent-contractor agreements, service-level agreements, mandates, deeds of suretyship and credit agreements.
• Supporting execution: checking the parties’ details and authority, identifying applicable signature or witness formalities, and helping the client complete the agreement correctly.

Consumer-facing agreements may also require attention to the Consumer Protection Act 68 of 2008, including its plain-language standard and restrictions on unfair, unreasonable or unjust terms. Credit agreements require a separate assessment under the National Credit Act; the label placed on a document does not determine whether the Act applies.

The Five Elements of an Enforceable South African Contract

Every draft should be tested against five practical requirements, while also checking whether legislation imposes additional formalities:

1. Consensus: the parties must genuinely agree on the material terms. Misrepresentation, duress or a material mistake can undermine apparent agreement.
2. Possibility of performance: the promised obligations must be objectively capable of performance; a party cannot create an enforceable duty to achieve the impossible.
3. Capacity: each party must be legally capable of contracting. A minor may require assistance, while a company acts through a representative with the necessary authority.
4. Certainty: the subject matter, performance, price or pricing mechanism, timing and other material terms must be clear enough to apply and enforce.
5. Lawfulness: the agreement’s purpose and performance must be legal and consistent with public policy.

Core Clauses Every Well-Drafted Commercial Contract Should Contain

• Parties and authority: correct legal names, registration or identity details, addresses and authorised signatories.
• Recitals and definitions: the transaction’s context and consistent meanings for key terms.
• Operative provisions: precise deliverables, standards, payment duties, dates and dependencies.
• Indemnities and liability limits: deliberate allocation of specified losses, exclusions and financial exposure.
• Breach and remedies: breach events, notice and cure periods, cancellation, damages and specific performance.
• Termination: rights to terminate for cause or convenience, notice periods and treatment of accrued rights.
• Dispute resolution: escalation, negotiation, mediation, arbitration or litigation, plus governing law and forum.
• Boilerplate: notices, force majeure, assignment, severability, entire agreement, variation, waiver and counterparts.

Common drafting problems and their practical consequences

Common drafting pitfall	Likely consequence
Vague scope of work in a service-level agreement	Disputes about delivery standards, acceptance and payment.
Overly wide or one-sided indemnity	Disproportionate exposure for losses outside one party’s control.
No suitable exit from a long-term arrangement	A party may remain bound unless a contested breach permits cancellation.
Missing or ambiguous dispute clause	Costly preliminary arguments about the process, forum or jurisdiction.
Unclear authority for a company signatory	The company may later dispute whether it was properly bound.
Failure to assess National Credit Act application	Regulatory and enforceability consequences may follow.

Drafting vs Reviewing: Which Engagement Do You Need?

Choosing the appropriate contract service

Engagement	Best suited to
Draft from scratch	No draft exists, the deal is novel or valuable, or the client wants its own commercial position reflected from the outset.
Review and amend	A landlord, bank, franchisor, customer or other counterparty supplied the draft and unfavourable terms require negotiation.
Hybrid	The existing draft is workable, but clauses such as escalation, termination, liability or rent review require substantial redrafting.

The first Bedfordview consultation is used to identify the appropriate scope. Burger Huyser then quotes per file after considering the document, transaction and anticipated negotiation.

Practical Considerations: Cost, Timeline, What to Bring

Cost

Fees depend on the agreement type, complexity, value, risk and whether an existing draft can be reviewed. A focused service-level agreement will generally require less work than a multi-party shareholders’ agreement or sale of business. The firm discusses cost after scoping rather than publishing a figure that may not fit the instruction.

Timeline

The indicative turnaround in the approved service outline is one to two weeks for a straightforward lease, mandate or service-level agreement, subject to prompt client input. Complex shareholders’ agreements, business sales and multi-party leases may take three to six weeks. Negotiations and delayed instructions can extend those ranges.

Bring the following to the first consultation:

• any existing draft, term sheet, quotation or counterparty proposal;
• a short summary of who must do what, by when, for how long and at what price;
• full names, identity or registration numbers and signatory details;
• payment, security, restraint, intellectual-property or regulatory concerns; and
• relevant correspondence and details of problems experienced under an earlier agreement.

For contract drafting or review in Bedfordview, contact Burger Huyser Attorneys on 011 201 7190, or visit 45A Florence Avenue, Bedfordview, Johannesburg, 2008. The branch’s after-hours mobile number is 061 536 3223. Bring the existing draft and a concise deal summary so the commercial-law team can scope the instruction and provide a file-specific quotation. Burger Huyser Attorneys was named Commercial Law Firm of the Year 2025 – South Africa at the 5 Star Lawyers Awards and has a 4.8/5 average from 250+ Google reviews.

Frequently Asked Questions

What types of contracts does Burger Huyser draft and review at the Bedfordview branch?

The Bedfordview office handles residential and commercial leases, shareholders’ and partnership agreements, sales of businesses or property, employment contracts, service-level agreements, mandates, deeds of suretyship and National Credit Act credit agreements. The service covers both drafting from scratch and reviewing another party’s document.

How much does it cost to have a contract drafted in Bedfordview?

There is no single fee for every contract. Cost depends on complexity, value, risk, whether a draft exists and the expected negotiation. Burger Huyser quotes per file after the initial Bedfordview consultation and discusses the likely work before the engagement proceeds.

How long does it take to draft a contract?

The approved service outline gives an indicative one to two weeks for straightforward agreements and three to six weeks for complex or multi-party transactions. The actual period depends on the scope, negotiations and how quickly the parties supply complete instructions and respond to drafts.

Where is the Burger Huyser Bedfordview branch, and what are the hours?

The branch is at 45A Florence Avenue, Bedfordview, Johannesburg, 2008, and the telephone number is 011 201 7190. The approved outline states that the office is open Monday to Friday from 7:30am to 4:30pm. The after-hours mobile number is 061 536 3223.

Can the firm review a contract the other side has already drafted?

Yes. Reviewing counterparty drafts is a core part of the service. The attorney can mark up the document, identify clauses that warrant pushback, explain their practical effect and propose clearer or more balanced wording before the client signs.

Does Burger Huyser handle National Credit Act credit agreements?

Yes. Credit-agreement drafting under the National Credit Act 34 of 2005 forms part of the contracts practice. The Bedfordview and Sandton offices work on these instructions for credit providers and consumers, with the Act’s application and transaction-specific requirements assessed before drafting.