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How can you prevent contract disputes?

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Contract disputes can be costly, time-consuming, and damaging to your reputation and relationships. They can also affect your performance, morale, and trust in your partners and clients. To avoid these negative consequences, you need to prevent contract disputes from happening in the first place. Here are some tips on how to do that.

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Barry Parsons

Risk Mitigation | Conflict Resolution | Litigation | Compliance | Regulatory | Problem Solving | Business Partnership…
Lillian Waweru

Company Secretary | Seasoned Legal Manager | 14+ Years in Oil & Gas, Insurance, Real Estate and Commercial Transactions…
Ephraim Nathaniel Wittman

Senior Legal Counsel at Nawah Energy Company

1 Clarify expectations

Before you sign a contract, make sure you understand and agree on the scope, deliverables, deadlines, payment terms, and quality standards of the project. Don't assume anything or leave anything vague or ambiguous. Ask questions, confirm details, and document everything in writing. If you have any doubts or concerns, raise them early and resolve them with your counterpart.

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Milena Monticelli Wydra
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It is very important that you understand the details of your business and the objectives you want to achieve with the partnership described in the contract. Understanding your objectives will help in drafting clauses and conditions, as well as predicting what cannot happen. It is essential that your lawyer knows how to put on paper your goals and themes that define the services to be provided, the desired scope that can be implemented in practice. It is recommended that an attached document be included with the ongoing project.

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2 Communicate regularly

Communication is key to maintaining a good relationship and avoiding misunderstandings and conflicts. Keep your counterpart informed of your progress, challenges, and feedback throughout the project. Use clear, respectful, and consistent language and tone. Avoid jargon, slang, or acronyms that might confuse or offend them. Respond to their inquiries, requests, and complaints promptly and professionally.

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Lillian Waweru

Company Secretary | Seasoned Legal Manager | 14+ Years in Oil & Gas, Insurance, Real Estate and Commercial Transactions | Strategic Advisor for Risk Management & Compliance | Contract Negotiator | Team Leader
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The importance of open communication during contract implementation cannot be understated. If possible, at each contract milestone, let the teams have an opportunity to evaluate progress and give feedback; particularly in large projects. If there is negative feedback given, there must be laid out steps on how to resolve the same for better contract performance going forward. When the client feels heard, it builds rapport and trust and provides avenues for alternative dispute resolution in place of costly litigation.

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3 Monitor performance

Don't wait until the end of the project to evaluate your results and satisfaction. Monitor your performance and compliance with the contract terms regularly and objectively. Use measurable indicators and criteria to assess your quality, timeliness, and efficiency. If you notice any deviations or issues, address them immediately and take corrective actions. Don't let small problems escalate into big ones.

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4 Negotiate changes

Sometimes, changes are inevitable or necessary during a project. However, they can also lead to contract disputes if they are not handled properly. If you or your counterpart want to modify the contract terms, such as the scope, budget, or timeline, you need to negotiate them in good faith and mutual benefit. Don't impose or accept changes without discussing and agreeing on them first. Document any changes in writing and update the contract accordingly.

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5 Seek feedback

Feedback is essential for learning, improving, and building trust. At the end of the project, or at regular intervals, seek feedback from your counterpart on your performance, satisfaction, and relationship. Listen to their praises, criticisms, and suggestions with an open mind and a positive attitude. Thank them for their feedback and acknowledge their perspective. If there are any gaps or discrepancies between your expectations and reality, try to understand and resolve them.

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6 Escalate disputes

Despite your best efforts, contract disputes may still arise. If they do, don't ignore or avoid them. Instead, escalate them to the appropriate level and channel. Try to resolve them amicably and constructively with your counterpart first. Use active listening, empathy, and problem-solving skills to find a mutually acceptable solution. If that fails, consider using alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Barry Parsons

Risk Mitigation | Conflict Resolution | Litigation | Compliance | Regulatory | Problem Solving | Business Partnership | Cost Reduction | Information Protection | Leadership
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Listen to your lawyers when negotiating the contract. I’m a lawyer who litigates contract disputes. Almost every dispute I handled involved a business client who didn’t listen to the advice their transactional lawyer gave them because they wanted to get the deal finished, they trusted their counterparty, or they thought the chances of something going wrong were remote.

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Ephraim Nathaniel Wittman

Senior Legal Counsel at Nawah Energy Company
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Agreed with all of these points in this article though I would highlight two areas in particular: 1) don’t try to get too good of a deal; if you obtain too many concessions it may affect actual performance by your vendor - go for what is fair and if possible, a win-win; and 2) monitoring actual performance and documenting what has not been in accordance with the contract. It is like a seesaw - good documentation convinces the other party to acknowledge or reduce/remove a claim thereby lowering the risk of disputes; bad documentation encourages arguments and the likelihood of formal disputes when the parties cannot prove/disprove entitlement.

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How can you prevent contract disputes?

1

2

3

4

5

6

7

1 Clarify expectations

2 Communicate regularly

3 Monitor performance

4 Negotiate changes

5 Seek feedback

6 Escalate disputes

7 Here’s what else to consider

Negotiation

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How can you prevent contract disputes?

1

2

3

4

5

6

7

1 Clarify expectations

2 Communicate regularly

3 Monitor performance

4 Negotiate changes

5 Seek feedback

6 Escalate disputes

7 Here’s what else to consider

Negotiation

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