Don’t DIY. Bring it to us instead.
We are a law firm that has outlasted most others. Practical, personable and a little bit quirky.
Part 1: Be practical
Part 2: Sort out your processes
Part 3: How to assess a suitable liability cap
Part 4: Offer some warranties
Part 5: Do. Not. Draft.
And now – my biggest no-no. Please do not draft contracts without professional help. That includes statements of work (SOWs), schedules, and other similar additions to contracts. Those are part of the contract and they need to be just as precise and clear, and above all, correct. It is really a lot harder than it looks, and it does take years of training and practice.
We have seen disputes over IT contracts where:
in the SOW, the intellectual property provisions of the main contract are unintentionally contradicted;
it is completely unclear what the deliverable is; or
it is completely unclear when acceptance takes place and what counts as acceptance.
I have seen project schedules where:
items need to be sent out by a service provider before they have ever received it;
goods are to be packaged after the delivery date; or
termination payments triggered by any termination, and so eye-wateringly high that the buyer is totally on the backfoot.
I once re-wrote a contract (drafted by well-meaning lay people) for workplace creche services. There were many issues to resolve amongst which the worst offender was - (wait for it) – no health and safety schedule. People leave their kids there, for goodness’ sake! Open plug sockets and no first aid qualified person or nurse: would you leave your kids there?
If you're interested in hearing more practical tips, join our 'Don’t DIY! Contract hazards that come back to bite!' seminar on Tuesday 24 September.
I could write reams on this. But I won’t. Drop me a line today to set up a call at sharon.zachariah@laytons.com – Partner: Commercial, Technology, Data Protection, IP. Getting to know each other and chatting is free 😊. Advice is not (it’s what we sell).
