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IACCM Contract Management Forum

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Confidential
2015-06-18 14:13:12

Contract Process

I want to share my company's process at a high level with a couple of things in mind. First, if it helps you, great. I'm happy to do so. Second, I am always looking for a better say to get things done.

We review construction contracts presented by builders. There are currently about 80 things we typically find that we would like to either omit or clarify in the contracts we receive. The list grows all the time. Our legal department has provided language for omissions or clarifications of those items which we offer to the customer in terms of an "addendum". From there, the wrestling begins as we explain our position and negotiate what we can to get into the contract. We have 5 or 6 deal breakers and another 8-10 that are critical items to us but we can negotiate on them if necessary to get the business.

Very high level I know but interested to see if this will generate some discussions.
 
 •  New Zealand Defence Industry Association (NZDIA)  •   2015-06-23 05:34:00
The IACCM Top Terms and 10 Pitfalls research offer a whole new perspective on these repeating conversations. Are they using particular standard documents or are you seeing a whole range of idifferent versions?
 
 
 •  Confidential  •   2015-06-23 07:16:51
Regretfully they are mostly very different. Even the customer's who use the same form, typically alter the document slightly from project to project. We have experimented using both Word and Adobe Acrobat to "compare" documents but had very limited success with that.
 
 
 •  CMS Group, Inc.  •   2015-07-02 08:52:46
My company has a program (CAT - Contract Analysis Tool) that reads all Microsoft Word and Excel contract documents and extracts the words or phrases you specify to find, and any date references. It can process upwards of 100 documents in 30 minutes and results are easy to filter and view. The contract documents with those keywords are highlighted and indexed for hyperlinks from the excel results file. It's an application using Excel.

If anyone has an interest in having a contract analysis performed, or interested in subscribing or licensing this application please contact me.

Steve Olson
 
 
 •  Sysintellects LLC  •   2015-07-20 14:54:19
Hi Kent,

I trust you are doing fine.We would be happy,if you could share your contact details so that i can inbox you the same.

Regards,
Rashid
 
 
 •  ABB  •   2015-07-21 04:42:06
Thanks Kent for your caring - its very interesting to view how the Contract could be managed in other companies and compare with current process and so on we able to adapt and refine the process. Thanks for your offer i believe it would be a great help.
 
 
 •  Qatar Petroleum  •   2015-07-27 12:09:21
We have similar situation when vendors/suppliers/bidders propose deviations/exceptions to our standard terms and conditions. Legal department propose the alternate text followed by exhausting and long winded discussions between both parties reaching no where. I would like to know the items that end in stale mate and those which get resolved by mutually agreed alternate text. Are you using standard terms and conditions or they propose their own terms and conditions for your review and acceptance? Do you have same set of builders participating in the bidding process? If yes, you can have a mutually agreed terms and conditions which can be used in all future contracts. This will prevent delays.
 
 
 •   2015-11-20 14:55:10
My Company is using a set of Bespoke FIDIC contract. We have a standard Terms and Conditions which applied to all business units across the globe. Any project specific T&Cs or amendment to the standard T&Cs will be dealt and drafted in a separate supplement document which make precedence to the Standard T&Cs.
 
 
 •  Learnux  •   2017-08-21 18:34:16
Kent,

This is a wonderful initiative to share.
I would like to see this if there is anything I could learn or contribute to.

Regards

Sam
 
 
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