Last updated on Jan 19, 2024
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Why review and update contracts?
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When to review and update contracts?
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How to prepare for contract negotiation?
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How to conduct contract negotiation?
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How to follow up after contract negotiation?
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Here’s what else to consider
Contract management is a vital skill for any professional who deals with contracts, whether they are sales, procurement, legal, or project management. Contracts are dynamic and complex documents that need to be regularly reviewed and updated to reflect changing circ*mstances, goals, and risks. Negotiation is the key process to ensure that contracts are aligned with the interests and expectations of both parties, and that they are fair, compliant, and enforceable. In this article, you will learn how to ensure contracts are regularly reviewed and updated through negotiation, and what steps to follow to achieve successful outcomes.
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- Maegan Spivey Construction Contracts Specialist
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- CS Neelay Ganbote Company Secretary and Legal Counsel with over 7 years of rich experience in managing Corporate Secretarial Activities…
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1 Why review and update contracts?
Contracts are not static agreements that can be signed and forgotten; they are living documents that need to be monitored and managed throughout their lifecycle. It is essential to review and update contracts in order to maintain alignment with the original objectives and scope, adapt to changing business needs, resolve any disputes or conflicts, mitigate risks and liabilities, capture opportunities, and enhance satisfaction and trust of both parties. Doing so will ensure long-term collaboration between the involved parties throughout the contract's duration.
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- CS Neelay Ganbote Company Secretary and Legal Counsel with over 7 years of rich experience in managing Corporate Secretarial Activities, Contract Management, Corporate Governance and Ethics.
1. Amending the contracts is a prudent step in every contract management department as it helps to keep the contracts abreast with the latest amendments and in compliance with the current requirements.2. Sometimes the amendments can also be helpful to infuse additional clauses into the contracts making it more robust and effective than before.
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Regularly reviewing and updating contracts through negotiation is crucial for a procurement professional to ensure alignment with evolving business needs, mitigate risks, and optimize value. By proactively engaging in contract reviews, we can identify and address potential gaps, ambiguities, or outdated terms that may impact our organization's objectives. Negotiating updates allows us to adapt to changes in market conditions, technology, or regulations, fostering a more agile and responsive contractual framework. This iterative process enhances transparency, strengthens relationships with suppliers, and ultimately contributes to the overall success of our procurement strategy.
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2 When to review and update contracts?
When contracts should be reviewed and updated is not a one-size-fits-all answer. It varies depending on the nature, duration, and complexity of the contract, as well as the frequency and intensity of interactions between the parties. However, some common triggers for contract review and update are scheduled milestones or events, unscheduled changes or incidents, requests or proposals from either party, and feedback or evaluations from either party. Examples of these triggers include deliverables, payments, renewals, audits, delays, errors, disputes, breaches, modifications, extensions, terminations, performance reviews, satisfaction surveys, or recommendations.
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- CS Neelay Ganbote Company Secretary and Legal Counsel with over 7 years of rich experience in managing Corporate Secretarial Activities, Contract Management, Corporate Governance and Ethics.
Contracts updation depends on case-case basis which may include both internal and external factors. Internal factors can be change in term, change in payment plan, change in list of goods/services supply and more. External factors largely includes changes in laws and regulations and for its compliance the contracts are amended or due to some actions required by the order of Government or any binding authority.
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Contracts should be reviewed and updated at regular intervals, typically annually, to ensure their continued relevance. Additionally, trigger events such as changes in laws, regulations, or key personnel should prompt an immediate review. Periodic assessments should align with contract milestones, like expiration dates or significant project phases. Keeping contracts attuned to evolving business strategies and market dynamics is very essential for proactively managing risks and maintaining the effectiveness of agreements.
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Contracts shall be revived on regular intervals jointly to avoid undue disputes. But it should be within the legal framework
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3 How to prepare for contract negotiation?
Prior to entering a contract negotiation, it is essential to do your research and collect all the pertinent data to support your position and objectives. Additionally, it is important to understand the other party's perspective and interests, as well as anticipate their possible reactions and objections. To prepare for contract negotiation, you should review the current contract to determine any gaps, issues, or opportunities that need to be addressed or explored. You should also define your goals and priorities, establish your best alternative to a negotiated agreement (BATNA), research the market and industry trends, benchmark your contract against best practices and standards, analyze the other party's situation, needs, and expectations, estimate their reservation point and zone of possible agreement (ZOPA), formulate your negotiation strategy and tactics, and plan your communication style and approach.
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In order to set the stage for successful contract negotiations:1. Define clear objectives, conduct thorough research, and establish limits. 2. Collaborate with a diverse team, craft a comprehensive checklist, and anticipate counterarguments. 3. Develop a strategic communication plan, document discussions, and explore alternative solutions. 4. Prioritize negotiation training to empower your team, ensuring adept navigation of discussions for mutually beneficial outcomes.
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- Maegan Spivey Construction Contracts Specialist
A lot of this should be done during your first pass of redlines with explanatory comments. If you go another round, make sure you prioritize your asks and refresh your memory on WHY you want that change.
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4 How to conduct contract negotiation?
Contract negotiation is a collaborative and interactive process that requires both parties to exchange information, ideas, and proposals, while seeking mutual understanding and agreement. It also involves managing emotions, expectations, and relationships, and dealing with any potential conflicts or challenges. To successfully conduct contract negotiation, it's important to establish rapport and trust with the other party by emphasizing the common goals and benefits of the contract. Utilize active listening and open-ended questions to draw out the other party's interests and concerns, then use objective criteria and evidence to explain your proposals and requests. Integrative bargaining and creative problem-solving should be used to generate and evaluate multiple options; concession-making and trade-offs should be used to balance both parties' needs; and confirmation and documentation should be used to verify the agreed terms.
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In my experience the most important aspects to contract negotiation are all around communication. It's necessary to remove emotion, avoid areas of direct conflict (as people form a position and dig in), and freely exchange information about why requests are important and whether the change being requested will provide the expected benefit or not.
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Conduct successful contract negotiations by:- Defining clear goals, building trust through rapport, and actively listening the other party. - Thoroughly research, set limits, and collaborate with a diverse team. - Create a checklist, anticipate objections, and employ creative problem-solving. - Plan strategic communication, document discussions thoroughly, and ensure your team handles discussions skillfully for positive outcomes.
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Contact negotiation should be arranged in an open environment where both parties can discuss their doubts, point of views, constraints etc. Without diluting mutual relationship
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5 How to follow up after contract negotiation?
Contract negotiation is not the end, but the beginning of a new or revised contract that needs to be implemented and executed according to the agreed terms and conditions. Thus, it is important to follow up after contract negotiation to ensure both parties are on the same page and committed to the contract. To do this, you should send a thank-you note and summary of the negotiation outcomes to the other party, review and finalize the contract document, communicate and disseminate the details and expectations to relevant stakeholders and team members, monitor and measure performance and compliance, maintain regular communication with the other party, and address any issues or changes promptly.
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- Maegan Spivey Construction Contracts Specialist
Clean up the redlines based on areas of agreement as a courtesy. Double check before you sign that your changes made it in to the signature version if you’re the receiving party.
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Post contract negotiations:1. Express your gratitude, clarify agreements, and share comprehensive documentation. 2. Establish clear next steps, encourage open communication, and maintain a positive relationship. 3. Monitor compliance, seek constructive feedback, and schedule follow-up meetings.4. Acknowledge the achievement of successful negotiations and express enthusiasm for future partnerships.
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After contract negotiation, send a confirmation email, express gratitude, confirm implementation timelines, ensure documentation is in order, address outstanding issues, provide regular updates, request feedback, maintain open communication, periodically review the contract, celebrate milestones, promptly resolve disputes, and focus on building a positive long-term relationship.
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6 Here’s what else to consider
This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?
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- Kishore V Legal Expert: From Courtroom Victories to Global Deals - Your International Transactions Handled with Precision!
Regularly reviewing and updating contracts involves establishing a structured process. Implementing a contract management system with automated reminders can help ensure timely reviews. Additionally, scheduling periodic meetings between involved parties to discuss potential updates and negotiate changes can be effective. Documenting lessons learned from previous contracts can also inform improvements in subsequent negotiations, creating a continuous feedback loop for enhancement.
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- Nazargeldi Ilgeldiyev Materials Service Advisor
After the signature stage the frequent monitoring of actions under the agreed contractual terms are crucial to avoid the breaches and to understand if any amendment needed for futher healthier contractual cooperation on legal ground.
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