When two or more parties desire to do business with each other, a contract addresses the activities entered into by both establishments and the terms through which they will accomplish each part of their agreement.
Before signing any deal, businesses typically prefer to review the contract to understand all the terms and conditions imposed by the other party. This further helps to avoid disputes or claim for reimbursement if one fails to stick to the conditions mentioned in the contract.
However, a contract is a legal document that involves legal terms, which cannot be understood by a layman. That’s the reason businesses hire professionals to review their contract before signing any deal.
Contract Review Process
A contract is usually reviewed in four steps. First, it is drafted keeping in mind the needs of both the parties signing it, and then it is considered and negotiated if any changes are required and then finally it is approved when term and condition are clear to both the parties.
You can analyze your contract on your own, or if you’re not familiar with the reviewing process, you can take the help of a lawyer or contract management services in assessing your contract.
Why Get a Contract Reviewed?
The purpose of reviewing a contract is to check for any error in a contract and to figure out if a contract needs any alteration before it is signed. Contract review is an indispensable part of a business, as all the business-related decisions like acquisitions, merging, expansion, etc., are based on the contract.
Reviewing reveals if an agreement is designed according to your needs or not, and helps you in identifying your obligations under the contract.
Contract review also assists in presenting a clear understanding of the terms and conditions of the contract and helps in analyzing its benefits and risks.
Here are a few other points showing why contract review is essential:
- It helps in clearing out the doubts and helps in building a better relationship between people and parties who are signing the contract.
- It assures that the terms and conditions that are in agreement are obedient to the law
- It helps in preventing any legal issues
Contract drafting and reviewing mistakes and their solutions
Contract review is a lengthy and tedious process due to which businesses don’t find it interesting and priority. All sorts of errors are made while considering a contract.
Here are a few mistakes that business owners perform while reviewing a contract:
Considering Reviewing a Useless Process:
Contract reviewing is a beneficial process, but not many people think that it is useful. Not discussing your contract can be a huge mistake and can land you in major legal troubles.
Suggestion: Get your contract reviewed. Experts suggest that you should review your contract as it will not only clear your doubts regarding the terms and conditions but will also deliver you a better understanding of the contract.
Not Spending Enough Time on Reviewing:
Not reviewing a contract correctly or not devoting enough time on reviewing can create enormous predicaments. Contract reviewing is an essential process, it requires scrutiny and in-depth reading.
Suggestion: Devote enough time in reviewing a contract. We all know how tedious and tiring contract reviewing can be. Spending sufficient time on your draft will help you in understanding the complexity of the topic, performing research and organizing your writings.
Everything written in the contract is negotiable. Even those terms and conditions that other party claims to be nonnegotiable are negotiable, and it is not mandatory to sign a contract if you are not pleased with it.
Suggestion: Learn to negotiate, You are not bound to sign a contract if you don’t find it reasonable. If you find that some of the terms do not suit your business demands, then terminate them. Learn to negotiate and discuss your contract with your partners.
Incorrectly Numbered Sections and Misarranged Sections:
While forming a contract review, you go through many drafts. Organizing, adding or deleting paragraphs, introducing or removing headings and subheadings are a few things that you may come across while making a draft. During this whole process, incorrectly numbering sections is a common mistake.
Suggestion: Use a consistent numbering system for the headings and subheadings. Create an early plan of how your contract should look like. This will work as a blueprint for contract and will assist you in arranging various sections and clauses.
Not Drafting the Final Draft:
Before signing a contract, it is reviewed, and the first draft is created. This draft is then revised and rewritten several times until a final draft is achieved. Creating a final draft requires lots of patience and hard work. Many people ignore this, and they are later caught in legal issues.
Suggestion: Prepare a final draft, it will give you a fresh and sharp perspective of your contract and help you in reconsidering your arguments and in refining your purpose.
Not Understanding a Contract Before Signing:
Contract imposes legal obligations and understanding your contract will help you in the smooth running of your business. Every business owner should have a proper understanding of his/her contract including terms and conditions.
Suggestion: Understand your terms and conditions. Terms and conditions in a contract are the commands that you have to comprehend. They generally include a disclaimer. A good understanding of the terms and conditions of your contract will protect you from any legal abuses and will escort you in making better decisions.