Best Practices – Commercial Terms – The Critical Commercial Terms You Need to Make Your Contracts Stronger.

With the start of the New Year, I’ve jumped right back into the deep-end with several projects that began towards the end of last year and grew hot over the break.

Each of these projects have required some amount of re-write of contract terms.  Coincidentally all of these agreements started on Vendor paper (or the Vendor’s form of agreement).

As I have completed my reviews (all around the same time), it became evident that the vast majority of these were lacking some of the same things.

Some were vague in their description of scope of work, others had poorly defined payment terms, others simply offered no contractual remedy in the event of a breach.

In previous articles we reviewed the differences between a scope of work and a scope of services.  Collectively these two pieces of information convey the scope of the agreement.

Of course this is the number one part of an agreement that needs to be right, but there are a few others:

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