Poorly drafted contract documents are often the source of claim.If they contain contradictions or ambiguities ,it is natural for each party to interpret the inconsistencies to their advantage thus giving ground for contention & dispute.Please share your experience with example... Saving Changes...
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Michael ZiyadehContracts Negotiator Sr. | Sikorsky, a Lockheed Martin CompanyBranford, Ct, United States
Yes this is true. Often in standard contract documents there is what we call "boiler plate" language that may be standard for a certain industry or organization. These clauses may be seen as "self-deleting" if they are not applicable to the current contract negotiations. what this means is that while a term or clause may not have applicability, it is left in the terms and conditions to be interpreted as non-binding. Here is an example, you are negotiating a Fixed Price contract and there appears a clause only applicable to Time and Material type contracts. Some professionals may leave this clause in the terms, believing that if it doesn't apply to the immediate contract, it becomes non-binding and therefore cannot be exercised. It is seen as self deleting. I do not recommend contracting in this way as it causes confusion and an opportunity for debate.
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1 reply by Chandrashekhar Thatte
Jan 31, 2017 1:56 AM
Chandrashekhar Thatte
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You are right on dot.The contract should be a well drafted document to uniformly protect the business interest of all the parties to the contract,by clearly spelling out the duties,obligations,responsibility and liability of each project participants , remedies /relief available to the aggrieved party and dispute resolution mechanism to rightfully address and resolve dispute/claims. Exclusion of the ambiguities/contradictions/inconsistencies and irrelevant terms will work as an incentive to all the parties to perform on expected lines to deliver project satisfactorily.
Senior Projects Manager | Field & Marten AssociatesNew Westminster, British Columbia, Canada
Contracts are one of the most important elements of any successful project. The more precise, clear and well defined a contract is, the more successful the project will be for so many reasons.
I normally take time to draft any contract, review it, take legal advise and so on.
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1 reply by Chandrashekhar Thatte
Jan 31, 2017 1:59 AM
Chandrashekhar Thatte
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I completely endorse your views.Thank you so much for the response.
Yes this is true. Often in standard contract documents there is what we call "boiler plate" language that may be standard for a certain industry or organization. These clauses may be seen as "self-deleting" if they are not applicable to the current contract negotiations. what this means is that while a term or clause may not have applicability, it is left in the terms and conditions to be interpreted as non-binding. Here is an example, you are negotiating a Fixed Price contract and there appears a clause only applicable to Time and Material type contracts. Some professionals may leave this clause in the terms, believing that if it doesn't apply to the immediate contract, it becomes non-binding and therefore cannot be exercised. It is seen as self deleting. I do not recommend contracting in this way as it causes confusion and an opportunity for debate.
You are right on dot.The contract should be a well drafted document to uniformly protect the business interest of all the parties to the contract,by clearly spelling out the duties,obligations,responsibility and liability of each project participants , remedies /relief available to the aggrieved party and dispute resolution mechanism to rightfully address and resolve dispute/claims. Exclusion of the ambiguities/contradictions/inconsistencies and irrelevant terms will work as an incentive to all the parties to perform on expected lines to deliver project satisfactorily. Saving Changes...
Contracts are one of the most important elements of any successful project. The more precise, clear and well defined a contract is, the more successful the project will be for so many reasons.
I normally take time to draft any contract, review it, take legal advise and so on.
I completely endorse your views.Thank you so much for the response.
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