I spend a fair amount of my time negotiating contracts -- primarily software license and services contracts on behalf of the seller -- and I'm constantly amazed at the amount of time contract negotiators spend (waste?) arguing over certain contract clauses. In more and more cases that I see, the buyers are taking extreme positions that make getting to a reasonable middle ground much harder. At the same time, sellers, driven by their own agendas (e.g., tougher revenue-recognition standards), are taking positions the buyers see as unreasonable.
That's why I'm excited about a Contract Negotiations Guide project the International Association for Contract and Commercial Management (IACCM) is taking on. In the words of Tim Cummins, Executive Director,
"Our aim is
- to create a baseline that is broadly accepted as 'reasonable' for both buy side and sell side,
- to generate greater mutual understanding of the factors that cause variations from this position,
- to outline the spectrum of negotiated terms that typically result.
We believe such a guide will assist in cutting lead-times and reducing the extent of confrontation when one side or the other is seen as 'unreasonable' in its position, relative to the value or risks perceived by the other side."
I see this as a valuable effort. At the very least we should end up with a thoughtful analysis of contract terms that we can use for reference and training. At best it could result in a set of best-practice contract terms that reasonable buyers and sellers can use to greatly reduce the amount of time spent on unproductive contract review, revision, and negotiation.
This is one of the reasons IACCM has become one of my favorite organizations. They understand what contract negotiators do and they want to help us all do it better and more efficiently. In addition to this project, they put on some excellent programs. I think anyone who negotiaties contracts could benefit from membership in this organization.
If you're interested in participating in the Contracts Negotiation Guide project I'd suggest contacting the IACCM at info@iaccm.com.
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