Passive/Active Terms and Conditions Analysis Tool

Published: 19 Aug 2016 Average Rating: 3.8 / 5 Print

Author: IACCM

When analysing the terms and conditions of the main body of a contract and its accompanying schedules, it is easy to start reading though from the beginning to the end and highlighting various clauses, wording and details that jump out. This is one way of doing it.

An alternative is to take the contract and schedules and search for the top ten clauses and schedules and identify the most significant items. You can do this without having to read the whole thing from beginning to end. The most significant items are typically price and payment, liability, insurance, any parent company guarantee, anything that hits your or your supplier's Profit and Loss account (such as liquidated damages), delivery risk, change control and performance metrics.

(Note that this is a method that also allows you to identify what might be missing from the contract.)


This content is only available to members.

Register Now   Sign In

Related Discussions

Please sign in or register to post on this forum
2016-01-21 14:10:34

Contracts Management Value - Changing the Corporate Culture

I am a new Contracts Manager at a global information services company. This is a new position to the company, so I am effectively starting from scratch. I am running...
Replies: 15
2020-03-11 05:47:57

FM Event - Foreseeability

Can someone please clarify for me: Australian Jurisdiction Where, in a FM clause, it defines an event which does not constitute Force Majeure as "any circumst...
Replies: 3

erdemir engineering management and co...
2020-02-09 09:33:58

Coronavirus (2019-nCoV)

It is clear that Novel Coronavirus (2019-nCoV) will be affecting the world economy negatively. What is your opinion about these impacts of nCoV on the business perform...
Replies: 2

2019-08-15 14:03:35

Amendment vs. Change Order

My organization (public organization)has a new Procurement Leadership that is requesting that we (Buyers) issue contract amendments for change orders the Engineers (Pr...
Replies: 2

Occidental Petroleum Corporation
2019-02-12 17:17:02

Cloud Contracting

I am interested in perspectives on various issues and contracting approaches for the use of cloud services, particularly from niche providers who may, in-turn, actuall...
Replies: 2

Rogers Communications
2018-12-06 17:48:18

Source Code Escrow Type Protection for non-software

I am brainstorming ideas for a supplier contract where I want to ensure the technology and services to be provided by the supplier for resale to our end-customer over ...
Older entries »
Replies: 2