Writing a contract , Other Management

Assignment Help:

Writing a contract 

Most commonly used contracts are developed from earlier contracts that are subsequently modified to fit the situation in hand. Organisations  usually have a standardised template, which they mould as per the requirement.. Using standard forms or previous contract documents substantially reduces administrative effort or „reinventing the wheel? for much of the word content of your contract. Reference must be made only to those portions of the previous documents that are relevant to the current transaction. 

Firms have realised that the organisation which writes the first draft of a complex contract has the advantage of shaping the course of negotiations. While writing the drafts they can include clauses that suits them, and structure the deal in their favour. 

In contract for project works, the contract draft is prepared by the project owner and it is invariably adapted by the contractors. This is because the contractors? bids are received against a bid (tender) document, which is issued to them by the project owner for bidding. Project contracts are of the following types: 

  •   Supply contract. 
  •   Installation contract. 
  •   Civil works contract. 
  •   Supply-cum-installation contract.  

The project firms have developed different standard templates for each of these contract types. For supply of standard products, the supplier also has his own template of terms and conditions, which you may have to accept and agree mutually.  

"Boilerplate? is a term adopted by lawyers to describe parts of a contract that are "standard text". You need to consult a good business lawyer to prepare boilerplates. The standard text may seem less important, but can end up being tremendously important in the event of a dispute.  

Examples of key boilerplate terms are given here under: 

  •   The prevailing party in any dispute will be awarded its attorney fees. 
  •   The contract includes all representations, warranties and agreements of the parties (the integration clause). 
  •   Ambiguous language in the contract shall be interpreted as to its fair meaning, and not strictly for or against a party. 
  •   Disputes will be resolved by binding arbitration, not litigation. The clause will also state the rules and venue of arbitration. 
  •   Time is of the essence of the contract.  

Related Discussions:- Writing a contract

Line balancing, what is line balancing. what happens if balance doesn''t ex...

what is line balancing. what happens if balance doesn''t exist

Objectives of resource sharing, Objectives of Resource Sharing   The ob...

Objectives of Resource Sharing   The objectives implied in resource sharing activity are very idealistic in nature. They are mainly aimed at providing convenient access to info

Explain the significance of business plan, Question 1 Discuss the role of ...

Question 1 Discuss the role of entrepreneurs in economic development. Why should the government help the entrepreneurs and in what way the Government can help? Question 2

Explain the main spheres of sponsorship in pr, Problem 1 (a) Illustrate...

Problem 1 (a) Illustrate on the 3 main stages of the development of PR in the U.S? (b) Describe the main transformations that PR has undergone since its inception? Pro

Risk classification based on where risk control lies, R i sk classificati...

R i sk classification based on where risk control lies From the point of view of where risk control lies, five classifications of risk can be listed: External risks wh

Important qualities of a professional screenwriter, Question 1 Explain ...

Question 1 Explain the ten most important qualities of a professional screenwriter and describe why you consider these skills to be important. Question 2 (a) Name and

Quality management plan, Q uality management plan The quality manageme...

Q uality management plan The quality management plan is to give guidance on how the quality can be checked on the project through the design reviews, the documentation, and th

Write short notes on pert, Question 1 The PMBOK Guide addresses four eleme...

Question 1 The PMBOK Guide addresses four elements related to scope. List and explain them Question 2 Write short notes on PERT Question 3 Explain the various planning p

Classification work - library classification, Classification Work: Lib...

Classification Work: Library classification is the work of translating the specific subject of a document into an artificial language of ordinal numbers. This will result in a

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd