Learn the best way to start managing commercial contracts. Go from contract files and spreadsheets to an effective, efficient, and profitable contract management system.
Topics covered include:
- What is a contract?
- Why contract management matters
- Turn text to data
- Deal with documents
- Contract portfolio management
- Contract management systems
Clear, practical recommendations to get you started.
Subcontracts_Me-A Fed Govt Contractor or Subcontractor_MN PTAC_06-09-2016_CBa...Chuck Barry
- The document summarizes key issues related to determining if a company is a federal subcontractor and the flow-down of requirements from prime contracts to subcontracts. It discusses common reasons companies claim they are not federal subcontractors and are exempt from compliance obligations. It also outlines mandatory flow-down clauses, including the 14 clauses that must flow down to subcontracts for commercial items. Finally, it warns of potential "subcontractor traps" and discusses new SBA rules on limitations of subcontracting.
This document summarizes common mistakes made with contracts and provides tips to avoid them. It discusses the importance of putting agreements in writing, negotiating all terms, and addressing critical elements like price, time, goods/services, and dispute resolution. Failure to have a written contract, missing key terms, or not negotiating can lead to misunderstandings and legal issues down the road. Getting advice from a lawyer can help ensure all parties fully understand obligations and resolve any issues that may arise.
The document discusses topics related to starting a consulting business including entity formation, drafting a consulting agreement, and enlisting advisors. It recommends either forming an S Corp or LLC depending on tax considerations, provides templates for standard documents needed for each, and outlines important provisions and common mistakes to avoid in agreements. The document also emphasizes using attorneys and other professionals to help build an advisory team.
The document discusses topics related to starting a consulting business including entity formation, drafting a consulting agreement, and enlisting advisors. It recommends either forming an S Corp or LLC depending on tax considerations, provides templates for standard documents needed for each, and outlines important provisions and common mistakes to avoid in agreements. The document also emphasizes using attorneys and other professionals to help build an advisory team.
This document discusses sources of financing for working capital. It identifies two main categories of financing sources: spontaneous sources that naturally arise from business operations like trade credit and negotiated sources that require specific negotiation, like loans from banks and other financial institutions. Some negotiated sources discussed include inter-corporate loans and deposits, commercial paper, funds generated from operations, public deposits, bill discounting, factoring, and working capital finance from banks.
Mitigating Risks Through Contracts - Poorvi ChothaniGetEvangelized
The document discusses legal risks associated with contracts and their mitigation. It defines what a contract is and highlights risks like ambiguity, lack of clarity around obligations, and inadequately defined terms. It then outlines strategies to manage these risks such as having lawyers draft contracts, defining scope of work and deliverables clearly, including liability limitations, dispute resolution clauses, and indemnification clauses. The document emphasizes the importance of reviewing contracts systematically to identify risks and ensure compliance.
Learn the best way to start managing commercial contracts. Go from contract files and spreadsheets to an effective, efficient, and profitable contract management system.
Topics covered include:
- What is a contract?
- Why contract management matters
- Turn text to data
- Deal with documents
- Contract portfolio management
- Contract management systems
Clear, practical recommendations to get you started.
Subcontracts_Me-A Fed Govt Contractor or Subcontractor_MN PTAC_06-09-2016_CBa...Chuck Barry
- The document summarizes key issues related to determining if a company is a federal subcontractor and the flow-down of requirements from prime contracts to subcontracts. It discusses common reasons companies claim they are not federal subcontractors and are exempt from compliance obligations. It also outlines mandatory flow-down clauses, including the 14 clauses that must flow down to subcontracts for commercial items. Finally, it warns of potential "subcontractor traps" and discusses new SBA rules on limitations of subcontracting.
This document summarizes common mistakes made with contracts and provides tips to avoid them. It discusses the importance of putting agreements in writing, negotiating all terms, and addressing critical elements like price, time, goods/services, and dispute resolution. Failure to have a written contract, missing key terms, or not negotiating can lead to misunderstandings and legal issues down the road. Getting advice from a lawyer can help ensure all parties fully understand obligations and resolve any issues that may arise.
The document discusses topics related to starting a consulting business including entity formation, drafting a consulting agreement, and enlisting advisors. It recommends either forming an S Corp or LLC depending on tax considerations, provides templates for standard documents needed for each, and outlines important provisions and common mistakes to avoid in agreements. The document also emphasizes using attorneys and other professionals to help build an advisory team.
The document discusses topics related to starting a consulting business including entity formation, drafting a consulting agreement, and enlisting advisors. It recommends either forming an S Corp or LLC depending on tax considerations, provides templates for standard documents needed for each, and outlines important provisions and common mistakes to avoid in agreements. The document also emphasizes using attorneys and other professionals to help build an advisory team.
This document discusses sources of financing for working capital. It identifies two main categories of financing sources: spontaneous sources that naturally arise from business operations like trade credit and negotiated sources that require specific negotiation, like loans from banks and other financial institutions. Some negotiated sources discussed include inter-corporate loans and deposits, commercial paper, funds generated from operations, public deposits, bill discounting, factoring, and working capital finance from banks.
Mitigating Risks Through Contracts - Poorvi ChothaniGetEvangelized
The document discusses legal risks associated with contracts and their mitigation. It defines what a contract is and highlights risks like ambiguity, lack of clarity around obligations, and inadequately defined terms. It then outlines strategies to manage these risks such as having lawyers draft contracts, defining scope of work and deliverables clearly, including liability limitations, dispute resolution clauses, and indemnification clauses. The document emphasizes the importance of reviewing contracts systematically to identify risks and ensure compliance.
Fulfilling your duties in small business subcontracting plansRobert E Jones
National Contract Management Association (NCMA) SubCon 2018
Left Brain Professionals Inc.
Have you met your small business requirements? Do you struggle to identify and qualify partners? Join us to learn some creative ways to expand your subcontract relationships. We'll talk about industry days, matchmaking events, and criteria for evaluating potential partners.
John Beck is a results-driven professional with extensive experience in government business development, contract management, and administration. He has a track record of successfully securing new contracts and revenues for both large and small businesses. He is skilled in strategic planning, proposal development, contract negotiations, and ensuring compliance.
This document discusses important considerations for teaming arrangements when pursuing government contracts. It defines different types of teaming relationships such as prime-sub, teaming partnerships, and joint ventures. Joint ventures represent the formation of a new legal entity to pursue a specific contract. Affiliation rules and concerns over ostensible subcontracting can affect whether a joint venture is considered a small business. Choosing teaming partners carefully is important.
Key issues to consider when venturing into business in India. Some topics include repatriation of investments, taxation, court proceedings and IP issues.
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEsideatoipo
Seed financings enable a startup to put together its initial team, build a working prototype, and begin to test the market. Often these investments are made via convertible debt or SAFEs. Veteran Silicon Valley startup and corporate attorney Jason Putnam Gordon will cover the following topics:
Required corporate structure
Legal considerations when pitching investors for seed financing
Differences between using convertible debt and SAFEs
Key terms and considerations when raising seed funding
Common mistakes and pitfalls that companies make when raising seed funding via convertible debt and SAFEs
How to close your seed financing
Important post-closing tasks
And much, much more
Buying or Selling an Investment Advisory Firm: A Lawyer\'s Perspectivejimeccleston
This document provides an overview of key legal and compliance considerations for buying or selling an investment advisory firm from the perspective of attorneys. It outlines the typical process which includes conducting pre-sale audits, negotiating terms, and conducting extensive due diligence on legal, compliance, client, and financial matters. The due diligence process examines areas like regulatory filings and disclosures, compliance policies and procedures, custody of client assets, and any pending or potential litigation issues. The document advises structuring the deal appropriately, identifying and resolving issues before closing, and addressing closing logistics.
Seven Habits of Highly Ineffective Global Contract Negotiators | Martijn StegerKegler Brown Hill + Ritter
Guidance for companies negotiating contracts, both domestic and international. Some include desperation, ignoring cultural differences and operating with a myopic view of the deal.
The Future of Revenue Recognition- Understanding the ComplexityTensoft, Inc.
The document summarizes a webcast on revenue recognition presented by McGladrey and hosted by Tensoft. It provided an overview of the new revenue recognition standard including the core principle of recognizing revenue as control of goods or services is transferred to customers. It described the 5-step model for revenue recognition, which involves identifying contracts and performance obligations, determining transaction price, allocating price to obligations, and recognizing revenue. It also discussed other issues like contract costs, returns, and warranties.
Hardship as a Defence against Specific Performance- The Case of Covid 19Badrinath Srinivasan
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
2017 AICM Credit Symposium - Australian Institute of Credit ManagementMark Harley
Unfair Contract Terms – generally and amendments for B2B protection (with some exceptions)
Insolvency Law Reform Amendments – amendment to the definition of “relation-back day” for purpose of the Corporations Act
Dealing with Trust Assets of Corporate Trustees in Liquidation
Legal Structures and Basics for Small Business
If you are thinking of starting a business but aren't sure how to navigate the dreaded tax laws and legal issues that come with owning a business, then this is for you! This will discuss company ownership structure and how entrepreneurs should weigh their legal and financial options to find the ones that best fit their particular situation.
This document provides an overview of different types of business entities including sole proprietorships, general partnerships, C-corporations, S-corporations, professional corporations, limited liability companies, and some specialty entities. It discusses the general attributes, benefits, disadvantages, and tax implications of each type of entity. The document was presented by the Robert Rogers Law Firm to provide general information on business entities.
Government contractors use different teaming arrangements to best position themselves for a future award. Frequently a key element should be a clear appreciation of the relationship between the teaming arrangement and the desired business outcome. The best approach is to put “a planning team” in place (lawyers and CPAs) before putting “your business team” in place for a proposal. Join us as we help you understand:
•JV’s versus teaming agreement – which is preferable—and when?
•Small business set aside concerns
•Pitfalls – poorly written or nonspecific agreements
•To consolidate or not to consolidate – a look at the financial statement impact
With good planning, you can position yourself to respond to RFP’s effectively, create a positive business relationship, and know what to expect at year-end.
The document provides a summary of qualifications for Shiiril J. Jordan as a Director of Contracts and Senior Contract Manager. Jordan has over 20 years of experience managing multimillion dollar contracts for government agencies and commercial clients. She is proficient in contract law and various contract types. Her experience includes positions as Director of Contracts for Saab Sensis Corporation and Endicott Interconnect Technologies, and Director of Legal Affairs for Tetra Tech. She holds a secret security clearance and coursework in journalism and political science.
This document discusses collective bargaining, including its definition, evolution, types, process, agreements, levels, conditions for success, trends, and perceptions. Collective bargaining is a negotiation process between labor unions and employers to determine wages, hours, rules and working conditions. It aims to find common ground to reconcile conflicting interests through proposals and counterproposals. Key factors for successful collective bargaining include trade union recognition, good faith efforts, and adherence to reached agreements.
The document discusses the key elements that should be included in a joint venture (JV) contract. A JV contract is created when two or more companies combine resources to accomplish a task. The contract should precisely define the objective of the collaboration, clarify the initial financial contributions of each party, detail the operational obligations of both parties, and determine how profit and loss will be divided. The contract aims to map out the details of the joint venture arrangement to avoid future litigation between the partners.
Business Law 101 aka Why the Heck Do I Need a Business Lawyer?Jeffrey O'Brien
An overview of basic business law concepts and a discussion of some common mistakes which your business attorney - if you have one, that is -- can help you avoid.
This document discusses effective contract metrics for delivering business value. It argues that traditional software development contracts focus too much on output-based requirements and activity-based sequential development metrics, which increase failure risks and lower returns on investment. An "Evolve" contract is proposed that uses results-focused modular structures, allows for changes and learning, and employs various metrics like output targets or throughput targets suited for complex and unpredictable software development. This new contract model is needed to better manage complex contexts and environments through experimental and feedback-driven approaches.
Virginia lawyer Bradford Jacob currently serves as president of EPC Consulting LLC, which provides consulting services for construction and energy companies. During an industry roundtable hosted by the International Association for Contract and Commercial Management, participants noted that effective contract management can yield risk management benefits, foster trust, and support operational outcomes, and that contracts must clearly define project scope and include terms to account for changes. Research from IACCM shows that companies integrating well-defined contracts can expect financial return, as contract flaws result in an average 9.2% loss of annual revenue while highly integrated contract processes see only a 3.4% loss.
Fulfilling your duties in small business subcontracting plansRobert E Jones
National Contract Management Association (NCMA) SubCon 2018
Left Brain Professionals Inc.
Have you met your small business requirements? Do you struggle to identify and qualify partners? Join us to learn some creative ways to expand your subcontract relationships. We'll talk about industry days, matchmaking events, and criteria for evaluating potential partners.
John Beck is a results-driven professional with extensive experience in government business development, contract management, and administration. He has a track record of successfully securing new contracts and revenues for both large and small businesses. He is skilled in strategic planning, proposal development, contract negotiations, and ensuring compliance.
This document discusses important considerations for teaming arrangements when pursuing government contracts. It defines different types of teaming relationships such as prime-sub, teaming partnerships, and joint ventures. Joint ventures represent the formation of a new legal entity to pursue a specific contract. Affiliation rules and concerns over ostensible subcontracting can affect whether a joint venture is considered a small business. Choosing teaming partners carefully is important.
Key issues to consider when venturing into business in India. Some topics include repatriation of investments, taxation, court proceedings and IP issues.
How to Raise Seed Funding for Your Startup: Convertible Notes and SAFEsideatoipo
Seed financings enable a startup to put together its initial team, build a working prototype, and begin to test the market. Often these investments are made via convertible debt or SAFEs. Veteran Silicon Valley startup and corporate attorney Jason Putnam Gordon will cover the following topics:
Required corporate structure
Legal considerations when pitching investors for seed financing
Differences between using convertible debt and SAFEs
Key terms and considerations when raising seed funding
Common mistakes and pitfalls that companies make when raising seed funding via convertible debt and SAFEs
How to close your seed financing
Important post-closing tasks
And much, much more
Buying or Selling an Investment Advisory Firm: A Lawyer\'s Perspectivejimeccleston
This document provides an overview of key legal and compliance considerations for buying or selling an investment advisory firm from the perspective of attorneys. It outlines the typical process which includes conducting pre-sale audits, negotiating terms, and conducting extensive due diligence on legal, compliance, client, and financial matters. The due diligence process examines areas like regulatory filings and disclosures, compliance policies and procedures, custody of client assets, and any pending or potential litigation issues. The document advises structuring the deal appropriately, identifying and resolving issues before closing, and addressing closing logistics.
Seven Habits of Highly Ineffective Global Contract Negotiators | Martijn StegerKegler Brown Hill + Ritter
Guidance for companies negotiating contracts, both domestic and international. Some include desperation, ignoring cultural differences and operating with a myopic view of the deal.
The Future of Revenue Recognition- Understanding the ComplexityTensoft, Inc.
The document summarizes a webcast on revenue recognition presented by McGladrey and hosted by Tensoft. It provided an overview of the new revenue recognition standard including the core principle of recognizing revenue as control of goods or services is transferred to customers. It described the 5-step model for revenue recognition, which involves identifying contracts and performance obligations, determining transaction price, allocating price to obligations, and recognizing revenue. It also discussed other issues like contract costs, returns, and warranties.
Hardship as a Defence against Specific Performance- The Case of Covid 19Badrinath Srinivasan
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
2017 AICM Credit Symposium - Australian Institute of Credit ManagementMark Harley
Unfair Contract Terms – generally and amendments for B2B protection (with some exceptions)
Insolvency Law Reform Amendments – amendment to the definition of “relation-back day” for purpose of the Corporations Act
Dealing with Trust Assets of Corporate Trustees in Liquidation
Legal Structures and Basics for Small Business
If you are thinking of starting a business but aren't sure how to navigate the dreaded tax laws and legal issues that come with owning a business, then this is for you! This will discuss company ownership structure and how entrepreneurs should weigh their legal and financial options to find the ones that best fit their particular situation.
This document provides an overview of different types of business entities including sole proprietorships, general partnerships, C-corporations, S-corporations, professional corporations, limited liability companies, and some specialty entities. It discusses the general attributes, benefits, disadvantages, and tax implications of each type of entity. The document was presented by the Robert Rogers Law Firm to provide general information on business entities.
Government contractors use different teaming arrangements to best position themselves for a future award. Frequently a key element should be a clear appreciation of the relationship between the teaming arrangement and the desired business outcome. The best approach is to put “a planning team” in place (lawyers and CPAs) before putting “your business team” in place for a proposal. Join us as we help you understand:
•JV’s versus teaming agreement – which is preferable—and when?
•Small business set aside concerns
•Pitfalls – poorly written or nonspecific agreements
•To consolidate or not to consolidate – a look at the financial statement impact
With good planning, you can position yourself to respond to RFP’s effectively, create a positive business relationship, and know what to expect at year-end.
The document provides a summary of qualifications for Shiiril J. Jordan as a Director of Contracts and Senior Contract Manager. Jordan has over 20 years of experience managing multimillion dollar contracts for government agencies and commercial clients. She is proficient in contract law and various contract types. Her experience includes positions as Director of Contracts for Saab Sensis Corporation and Endicott Interconnect Technologies, and Director of Legal Affairs for Tetra Tech. She holds a secret security clearance and coursework in journalism and political science.
This document discusses collective bargaining, including its definition, evolution, types, process, agreements, levels, conditions for success, trends, and perceptions. Collective bargaining is a negotiation process between labor unions and employers to determine wages, hours, rules and working conditions. It aims to find common ground to reconcile conflicting interests through proposals and counterproposals. Key factors for successful collective bargaining include trade union recognition, good faith efforts, and adherence to reached agreements.
The document discusses the key elements that should be included in a joint venture (JV) contract. A JV contract is created when two or more companies combine resources to accomplish a task. The contract should precisely define the objective of the collaboration, clarify the initial financial contributions of each party, detail the operational obligations of both parties, and determine how profit and loss will be divided. The contract aims to map out the details of the joint venture arrangement to avoid future litigation between the partners.
Business Law 101 aka Why the Heck Do I Need a Business Lawyer?Jeffrey O'Brien
An overview of basic business law concepts and a discussion of some common mistakes which your business attorney - if you have one, that is -- can help you avoid.
This document discusses effective contract metrics for delivering business value. It argues that traditional software development contracts focus too much on output-based requirements and activity-based sequential development metrics, which increase failure risks and lower returns on investment. An "Evolve" contract is proposed that uses results-focused modular structures, allows for changes and learning, and employs various metrics like output targets or throughput targets suited for complex and unpredictable software development. This new contract model is needed to better manage complex contexts and environments through experimental and feedback-driven approaches.
Virginia lawyer Bradford Jacob currently serves as president of EPC Consulting LLC, which provides consulting services for construction and energy companies. During an industry roundtable hosted by the International Association for Contract and Commercial Management, participants noted that effective contract management can yield risk management benefits, foster trust, and support operational outcomes, and that contracts must clearly define project scope and include terms to account for changes. Research from IACCM shows that companies integrating well-defined contracts can expect financial return, as contract flaws result in an average 9.2% loss of annual revenue while highly integrated contract processes see only a 3.4% loss.
Burrizza es una pizzería que ofrece pizzas frescas y sabrosas. La pizzería se especializa en masas hechas a mano y salsa de tomate casera. Burrizza busca crear una experiencia culinaria memorable para los clientes a través de ingredientes de alta calidad y un servicio atento.
Este documento describe el ecomapeamiento como una herramienta de diagnóstico institucional que puede ser realizada por cualquier miembro del equipo y produce un mapa de las relaciones entre actores e instituciones de manera rápida. El ecomapeamiento permite establecer el grado de interdependencia y evaluar las relaciones actuales y potenciales entre personas e instituciones, a diferencia de los diagnósticos tradicionales que solo producen listas sin análisis. El documento también explica que el ecomapeamiento se origina en diagramas de conjuntos, map
OpenMRS es un sistema de registros médicos electrónicos de código abierto basado en Java y en web. Se diseñó inicialmente para el VIH/SIDA pero ahora soporta múltiples áreas clínicas a través de módulos. Está en uso en clínicas de todo el mundo y se apoya por organizaciones internacionales, ONG y grupos de desarrolladores locales.
Die Fähigkeit, Zusammenhänge zu erkennen, macht die Intelligenz einer Berufung aus: Der Künstler verortet sie, der Wissenschaftler macht sie zum Wissen. Ein Praktiker verdinglicht sie, ein Unternehmer verwaltet ihre Wirklichkeit. Und ein Politiker ist jemand, der die Zusammenhänge glaubhaft zu ignorieren vermag.
Stefan Zajonz vereinigt diese Anlagen in einem gleichsam multiplen Vermögen, denn er hat etwas von allem, und gerade dies befähigt ihn auch, ein authentischer Mensch zu bleiben, der auf seinem Erkenntnisweg an der virtuellen Bedingungsanleitung zum Selbstverständnis der Selbstverständnisse mitwirkt, die wir Kultur nennen.
Keine Wahrheit gleicht der anderen, kein Weg – ohne Spuren. Ein Mensch auf der Suche nach der eigenen Wahrheit hinterlässt Pfade, manche Rückblicke verdichten sich dabei zu Kunst. Stefan Zajonz sucht und landet trotz der Gefahr großer spiritueller Meeresuntiefen hin und wieder auf einer sicheren Insel relativer Gewissheit, schaut sich um, orientiert sich, atmet auf und schaut: Übergänge, die keine Konturen bilden; Schatten, die sich nach dem Licht sehnen und Lichtblicke, die in Formen aufgehen. Allein diese Attitüde macht ihn zu einem Kulturschaffenden, der Aufmerksamkeit verdient. Die Fotografien von Stefan sind erlebbar, sie unterhalten uns in ihrer originären und impulsgebenden Art und Weise.
Dr. Leon Tsvasman
1) O documento discute diferentes abordagens em terapia de casal, incluindo abordagens psicanalíticas, sistêmicas e comunicacionais.
2) As abordagens sistêmicas e comunicacionais enfatizam a mudança nos padrões de comunicação entre os membros do casal.
3) Dentro das abordagens sistêmicas, o documento descreve as escolas estratégica e estrutural.
A 26-year-old male carpenter suffered cuts to the left ring and little fingers during a quarrel, requiring repair and a splint for 4 weeks. He was referred for rehabilitation due to stiffness, pain, and numbness. Treatment included NSAIDs, neurotonics, pregabalin, pulsed ultrasound, and range of motion exercises, with gradual improvement in range of motion and pain but not the numbness. The document discusses anatomy, causes including fractures and lacerations, diagnosis through history, examination, nerve tests, and ultrasound, and treatments including medical management, rehabilitation, ultrasound-guided interventions, and surgery.
Top 10 bugs in C++ open source projects, checked in 2016PVS-Studio
While the world is discussing the 89th Ceremony of Oscar award and charts of actors and costumes, we've decided to write a review article about the IT-sphere. The article is going to cover the most interesting bugs, made in open source projects in 2016. This year was remarkable for our tool, as PVS-Studio has become available on Linux OS. The errors we present are hopefully, already fixed, but every reader can see how serious are the errors made by developers.
Introduction to Commercial Contract DraftingEMLI Indonesia
Materi Workshop Contract Drafting yang disampaikan oleh Bapak Dendi Adisuryo yang memiliki background sebagai commercial lawyer akan memberikan pemahaman dan pandangan kepada peserta workshop mengenai beberapa segi hukum kontrak, norma kepatutan hukum kontrak dalam proses penyusunan kontrak serta mengenai kontrak atas transaksi bisnis yang bersifat lintas negara.
This program will provide the essential information needed by individuals involved in the contracting process to fully understand about different contract types categorized by compensation methodology, most used contract models and risk factors when selecting a contract type.
Contracts help build relationships between buyers and sellers by allocating risks and responsibilities. Contracts can take many forms, such as purchase orders, formal contracts, letters of intent, or memorandums of understanding. The key elements of a valid contract are competent parties, consideration, lawful purpose, certainty of terms, offer, and acceptance. Contentious contract clauses include pricing and payment terms, liquidated damages, liability, warranties, and arbitration.
An employment contract serves as a legally valid agreement that lists all the terms and conditions of the employment. It also identifies and recognises the rights, duties, responsibilities expectations, and obligations of both parties. Hence, it serves as a bilateral agreement for a specified time interval, during which both parties must adhere to the guidelines mentioned in the contract.
Visit here to know more: https://vakilsearch.com/employment-agreement
Discussion of basic contract principles and negotiation strategy for credit unions and other financial institutions in their agreements with outsourcing vendors. Focus on assessing risk, developing appropriate mitigation strategies and practical steps a credit union can take to obtain a positive outcome.
Akshay Garg has over 5 years of experience in corporate in-house legal roles. He has worked with companies like Videocon d2h, Tata Interactive Systems, ICICI Bank, and Cargo Service Center India, where he was responsible for drafting, reviewing, and negotiating agreements and providing legal advice. He has expertise in areas like content acquisition, distribution agreements, intellectual property, litigation management, and regulatory compliance.
This document summarizes a presentation on contractual awareness for a regional meeting in June 2015. It covers key topics related to contracts including why they are important, when they should be in writing, offer and acceptance processes, types of construction contracts, what should be included in a contract, managing credit risk, the Construction Act, and leveraging your ability to be paid. The presentation provides an overview of these contractual issues and considerations for commercial awareness in the construction industry.
A Quick Guide to Contract Mangement ServicesCogneesol
A Slideshare presentation covering a brief on the remunerations of outsourcing the complex & surplus contract review and management services to the LPO companies overseas in terms to improve the overall productivity of the business. Also find out the factors that drive the need for outsourcing contract Review services.
Basic Contract Law for project managers webinar series: Part 2: Building a contracts
Tuesday 6 March 2018
APM Contracts and Procurement Specific Interest Group (SIG)
presented by Sarah Schütte, Schutte Consulting Limited
hosted by Dr Jon Broome, Contracts and Procurement SIG Deputy Chair
The document discusses how to draft a contract and outlines the basic elements that should be included. It notes that a contract generally contains a preamble identifying the parties and date, recitals describing the purpose and intentions, definitions clarifying any terms, and details of consideration, payment terms, scope of work, risk allocation, confidentiality, validity period, termination conditions, assignment rules, and miscellaneous boilerplate provisions. The goal is to reduce ambiguity and clearly outline the rights and obligations of the parties.
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
The document discusses strategies for optimizing legal process outsourcing (LPO) contracts during an economic recession. It recommends retaining existing customers while reducing costs without impacting service delivery. Key strategies include improving efficiency, quality and operations; renegotiating existing contracts to reduce costs; exercising audit and benchmarking rights; and drafting contracts with flexibility, liability caps, and exit strategies to adapt to changing market conditions.
The document discusses collective bargaining, which aims to arrive at agreements on wages and employment conditions through voluntary negotiations between labor and management. It outlines important features like collective strength and representation, objectives like resolving differences and protecting worker interests, typical issues bargained over like wages and working conditions, types of bargaining approaches, the bargaining process and limits, and recommendations to strengthen collective bargaining.
The body of rules governing the formation and execution of contracts is known as contract law. The Indian Contract Act of 1872 functions as a comprehensive guidebook governing agreements and contracts in India. This legislation was enacted to create a framework for contract law, and it has undergone several revisions to accommodate changing economic conditions.
Building A CFO Ready Business Case For Contract ManagementAlison Clarke
This document discusses building a business case for implementing best practices in enterprise contract management. It notes that contracts that are not well-managed can be a liability rather than an asset. It identifies common problems with contract management like lack of searchable repositories and inability to manage milestones. Implementing best practices like centralized contract repositories and standardized processes can help organizations reduce costs, improve compliance and gain efficiencies. The document provides questions to help organizations assess their needs and outlines how to quantify potential cost savings and benefits to make a strong case to secure funding for new contract management solutions and processes.
I plan to start my plumbing business from scratch. Starting from scratch allows me to have complete control and freedom over decisions, but it will be more time-consuming to build up a clientele and train employees from the beginning. I will organize my business as a sole proprietorship to keep costs low in the startup phase, but the downside is that I will have unlimited personal liability for any debts or lawsuits against the business.
Basic Contract Law for PMs webinar Part 3:What to do when things go wrong or the unexpected happens
Tuesday 24 April 2018
APM Contracts and Procurement Specific Interest Group (SIG)
presented by Sarah Schütte, Schutte Consulting Limited
hosted by Dr Jon Broome, Contracts and Procurement SIG Deputy Chair
Joint ventures and strategic alliances allow companies to grow in four ways: organic growth, strategic alliances, joint ventures, and mergers/acquisitions. Strategic alliances involve partnerships where organizations remain independent while aligning long-term goals for mutual benefit. Joint ventures form a new legal entity governed by partnership law, where parties contribute to a specific venture for a set time period and scope. While similar, strategic alliances are generally less formal than joint ventures and allow for more flexibility.
The presentation basically addresses three topics - one how law guides the course of economic development; two what business managers ought to know while engaging in cross-border acquisitions; and finally the essence of joint venture formulation.
Similar to Drafting an Effective Contract - a Vendor/Supplier's Perspective (20)
We hope you have enjoyed our LexLODRupdates series. With the final set of LODR amendments taking effect after this weekend, here’s a quick recap of all the significant updates. Do drop a line to let us know what you think. #LODR...
Lexplosion Solutions Pvt. Ltd. is an Indian company that provides customized legal and compliance products and services using technology-based solutions. They offer compliance management software, litigation management solutions, contract management software, and legal services including audits, research, and virtual in-house counsel. Their software products help streamline compliance processes and provide real-time visibility of compliance status. They have over 70 clients across various industries in India.
The document discusses arbitration as an alternative dispute resolution mechanism in India. It provides an overview of arbitration laws and procedures in India, including the Arbitration and Conciliation Act of 1996. Some key points covered include:
- Arbitration allows parties to settle disputes privately through an arbitrator rather than through the court system and offers benefits like flexibility and confidentiality.
- The 1996 Act governs domestic arbitration and enforcement of foreign arbitration awards in India and is based on the UNICITRAL model law.
- Reforms like the 2015 Amendment aim to make arbitration more efficient by imposing timelines and fixing arbitrator fees.
- Institutional arbitration through organizations like the Mumbai Centre for International Arbit
The document discusses manufacturing and what activities constitute manufacturing according to law. It provides definitions of manufacturing from the Factories Act and judicial pronouncements. Some activities that courts have considered manufacturing processes include printing, food preparation, breaking rocks, and packaging goods. The document also discusses ongoing compliances, shifting/closure procedures, and factors like industry, location, and employee strength that influence applicable compliance requirements for the manufacturing sector. It provides an overview of key laws like the Factories Act, Electricity Act, and welfare statutes. The importance of leadership in ensuring compliance and creating an effective compliance management system are also covered.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
Drafting an Effective Contract - a Vendor/Supplier's Perspective
1.
2. What is a contract ?
Proposal/Offer – Intent/willingness to do or abstain from doing something
and to obtain assent from the other party.
Proposal in words, written or spoken are considered as implied
proposals/offer.
IBP Co. Vs. Ramashish Prasad Singh (2006)
Offer vs. Invitation to Treat [McPherson vs. Appana, SC 1951]
Promise – When the other party accepts the proposal it becomes a promise.
Bharat Petroleum Corpn. Ltd. Vs. Great Eastern Shipping Co. Ltd. (2008)
Consideration – Monetary / Non-Monetary.
Keshab Chandra Nayak vs. Laxmidhar Nayak , AIR 1993
A simple, fast and inexpensive compliance management tool designed for small and medium business
Offer
Legal
Capacity
Acceptance Consideration Agreement
Agreement Enforceable by Law Contract
Some important concepts:
3. Essentials of a valid Contract
A simple, fast and inexpensive compliance management tool designed for small and medium business
Free consent
Competencies of parties
to contract – [Signatories
in the contract
have the authority/competency
to sign on behalf of the
company.]
Consideration must be lawful
Object must be lawful object
Not expressly declared to be void
– [Contract to provide 20 child
labours in a factory for 3 months]
4. Basic clauses to draft a contract
Identifies the parties to the agreement.
The date of the agreement
The place of formation and the addresses of place of business of the
contracting parties.
All parties intended to be bound, their legal status, place of business, and
third party beneficiary.
Title of the contract.
A simple, fast and inexpensive compliance management tool designed for small and medium business
Recitals are declarative statements but not binding provisions
of the contract.
Provide the basic text, structure, and context of the transaction.
5. Basic clauses to draft a contract
Provides structure of the
transaction broadly
defining the scope and
the method of payment,
time of completion, the
main matter of the
contract.
A simple, fast and inexpensive compliance management tool designed for small and medium business
It defines terms that
appears in different parts
of the agreement.
6. Key commercial clauses
Confidentiality terms
A simple, fast and inexpensive compliance management tool designed for small and medium business
Termination –
For Cause – Cure Period, Notice
Period
For Convenience – To be avoided
by a vendor/supplier
Mutual
Intellectual Property
Rights
Limitation of Liability
Indemnity and risk
allocation
[State of Orissa vs. United
India Insurance Co. Ltd,
SC 2002]
7. Key legal clauses
Governing Law and Jurisdiction
A simple, fast and inexpensive compliance management tool designed for small and medium business
Conciliation
Arbitration
An Arbitration clause in a contract is very
crucial for dispute resolution.
Litigation
Dispute Resolution Mechanism –
9. Commercial terms of a contract
Service Level Agreements
(SLA) and SLA credits
A simple, fast and inexpensive compliance management tool designed for small and medium business
Price and Payment
terms –
Invoice requirements,
Billing schedule,
Payment schedule,
Currency
Tax terms
Productivity terms
10. Technical clauses
Data protection
A simple, fast and inexpensive compliance management tool designed for small and medium business
Delivery of goods or services
Disaster Recovery Plan
Technology Updation
Business Continuity Plan (BCP)
11. Other significant terms
A simple, fast and inexpensive compliance management tool designed for small and medium business
Developing contract
exit strategy
Insurance related
terms
Audit terms Negotiation
12. Conclusion
• Critical to have a consensus ad idem to avoid future
confusion and potential disputes.
• Identify your organizations risks and the appetite.
• List down the areas which are non-negotiable.
• Educate the key stakeholders about organizations
strategy on contracts.
A simple, fast and inexpensive compliance management tool designed for small and medium business
13. 13A simple, fast and inexpensive compliance management tool designed for small and medium business