This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo

A Strategic View for the Applicability of the Duty of Care Doctrine in Consultancy Services Agreements

Abstract

Consultancy services are becoming so relevant and necessary in all sectors that there is an urgent need to review the current models used to agree upon consultancy methods. After many unsuccessful stories, parties involved in consultancy discovered that their relationship must focus in the efficient implementation of consultant’s recommendations. As such, consultants are required to play an important role in the internal transformation of their clients by offering innovative options beyond their fashionable pdf reports. A trustful collaboration engagement built in the entire consultancy cycle is then the key to achieve this goal. But how this new consultancy scenario is endorsed by the contractual liability doctrine commonly adopted in consultancy services agreements? How legal advisors can help their clients in successfully establishing this new model of engagement?

Read Paper

Author

Portrait image of Fernanda de Cooker
Fernanda de Cooker
Company Lawyer, MaxGrip B.V., Netherlands

Fernanda de Cooker is the company lawyer of MaxGrip B.V. She is originally Brazilian and was admitted at the Brazilian Bar Association until her move the Netherlands in 2008. Her expertise lies in all business-related contract law issues in an international scope, including marketing activities, regulatory, compliance, insurance, and operations. In the last 10 years she advised multinationals in the Netherlands regarding IT law contracts and consultancy services but also on transnational manufacturing and distribution business, product liability and regulatory affairs. Since 2018 she is also specialist in personal data protection with focus in the General Data Protection Regulation (EU).

Company

MaxGrip B.V. logo

MaxGrip B.V.

MaxGrip B.V is a consultancy house that enables organizations in asset-intensive industries to achieve continuous improvements on their asset performance, also using the power of Digital Transformation. MaxGrip embraces APM 4.0 with an APM and maintenance track record of over twenty years in industries like Oil & Gas, Food & Beverages, FMCG and Utilities & Infrastructure. We operate on all continents and have a global presence with our main of?ces in the Netherlands (HQ), USA, Malaysia, and Australia.

Related Papers

An Introduction to Alliance Contracting
At its simplest, an alliance contract (known in British Columbia (BC) as the project alliance agreement or PAA) is a contract between a project Owner (the Owner Participant or the...Read more
Portrait image of Karen Mill
Karen Mill
Assistant Vice President, Legal, Canada
Elizabeth Mayer
Partner, DLA Piper, Canada
Triple Point Technology, Inc v PTT [2021] UKSC 29 An Untested Point?
The recent Supreme Court decision in Triple Point Technology, Inc v PTT [2021] UKSC 29, delves into a range of issues that should interest commercial contract lawyers. However, I’d like...Read more
Portrait image of Christopher Parr
Christopher Parr
Director, The Legal Director, UK
The Changing Face of Commercial Contracts in the Tech Sector
I have always loved drafting. There is something about a lovingly honed and sparingly worded clause which tickles my synapses. Elegance of expression meets elimination of ambiguity. At least, that’s...Read more
Portrait image of Fiona Morris
Fiona Morris
Managing Director and Global Lead Counsel, Strategic Contracting, Accenture UK Limited, UK
Exclusion of Liability for 'Consequential Loss'
One of the first things that most lawyers learn when they enter the real world of commercial transactions is that liability for “consequential losses” is to be excluded under all...Read more
Portrait image of Christopher Parr
Christopher Parr
Director, The Legal Director, UK