How would you address discrepancies in contract interpretation across various project teams?

I have found following helpful to address discrepancies in contract interpretation across various project teams: Teams should be briefed that “Interpretation of contract” should align with type of contract, Scope, Specifications & battery limit of works as well as priority of documents envisaged in the contract. In case of an ambiguous contract term in the agreement, Contra proferentem rule of contract interpretation which states that an ambiguous contract term should be construed against the drafter of the contract, shall be applied. Also, teams should be made to assimilate that as employer’s requirements in a contract is paramount so is consideration for performing those requirements, to be reimbursed to contractor.

Contracts are usually complicate, comprising numerous documents e.g. terms and conditions, specification, etc. If the language of the contract is ambiguous, it can lead to the creation of different perceptions and ultimately disputes. It is better to clearly state the intention of the parties of the contract at the beginning to reduce the possibility of discrepancies.

We had a case during project execution, where certain department would have different interpretation. How we handled it was to hold an online (it was Covid time) discussion, where contracts team would present some simple slides to explain what the interpretation should be. On another occasion, we held a "workshop" of sort (with a recognized/reputable presenter), with the same objective: to get alignment in understanding of some of the fundamental & important contract terms. In my view, this needs to be done on a regular basis to ensure alignment, especially if we consider the project team has a knack to change personnel.

Depending on the team, I would define the key terms of the agreement before sending it to the team. Each team has their own way of interpreting key contract clauses. Hence, I would change and amend the key terms in a separate document before sending the contract to different teams.

I will add the common intention... The common intention of the parties can sometimes be reflected in a completeness clause stipulated in the contract. This type of clause aims in particular to guide the interpretation and specify the treatment that certain pre-contractual or incidental documents to a contract that are the subject of the interpretation exercise must receive. Furthermore, in certain circumstances, it will be deemed preferable to establish the primacy of a contract, so that other writings complete it provided that their provisions are not incompatible. These clauses can be very useful when they are well drafted and adapted to the specific context of the contract.

Nothing better than enhancing communication and it is always a key to resolve or not even reach to a conflict situation.Right interpretation of terms in the interest of a contract is always a help.

A Gest?o Participativa é a modo mais adequado para a forma??o de um time confiante e aberto a exposi??es de problemas e solu??es. Incentivar o diálogo aberto e transparente da equipe, contribui para a integra??o e o alinhamento das expectativas de todos, compartilhando conhecimento e experiências, até a forma??o de uma equipe de alto rendimento.

é de extrema importancia que todas as partes interessadas estejam envolvidas para contribuir com a discuss?o desse contrato. Caso isso n?o ocorra, existem grandes possibilidades de que certas cláusulas atendam de forma parcial algumas necessidades, ou ent?o serem totalmente ineficientes. Obs: em contratos de conteúdo mais técnico, onde parte do objeto do contrato tenha impacto em outros departamentos, importante expandir essa discuss?o o mais cedo possível. Dessa forma, evitamos desgastes e retrabalhos na análise desses contratos.

Comunica??o é a palavra chave para os processos fluírem bem em qualquer empresa. Reuni?es bem estruturadas, registro das informa??es pra reten??o de conhecimento, e divulga??o constante de li??es aprendidas.

Positive and open dialogue with clear communication as early as possible . Constant perusal and follow-up to stress on the discrepancy and push to get what is fair. Cost sharing, put forward proposal for remedy Contractor shall notify the Employer of his proposed amendment to deal with it and the Employer shall either agree the proposed amendment or decide how the discrepancy is to be dealt with; that agreement or decision shall be notified to the Contractor and treated as a Change.

Cada profissional deve ser protagonista da sua carreira. Já sabemos disso. Mas diante de tantas informa??es e possibilidades que nos deparamos no dia a dia, muitas vezes nos perdemos ou ficamos sem dire??o em meio a tantas informa??es. A empresa deve possuir políticas, processos e procedimentos consolidados, constantemente revisados e alinhado às novas tecnologias. As equipes precisam ter um plano de treinamento contínuo dos processos, procedimentos e políticas empresariais, e cabe ao líder está atento ao plano de treinamento e direcionamento de seu colaboradores de modo estarem aderentes ao "complaince".

é importante manter uma base atualizada para consultar esses contratos realizados, tendo em vista que muitas empresas possuem um turn over acima da média. Dessa forma, evitamos que qualquer informa??o se perca ao longo do tempo e que na reciclagem dos Gestores dos Contratos eles tenham as mesmas percep??es sobre as responsabilidades e riscos desses contratos. é uma forma também para captar a percep??o dessas pessoas sobre possibilidades de revis?o desses contratos ativos, por exemplo.

Vejo que a forma??o no dia a dia, orientando a equipe nos pontos de maior carência e de maior importancia do processo, mas sempre dando a no??o do todo é o que garante o salto de qualidade desejado, evolui o time de forma conjunta e com espírito colaborativo, uns ensinando outros.

Continuous training is always needed since new items come up during contract execution and especially change orders. So to keep the team up to date there should be a regularly scheduled review meeting to cover all changes or modifications to the contract that go into effect through approved change orders. With that being said it's good to have a review meeting when potential change orders to the contract come along that way everyone is understanding the contract requirements at all times.

Unambiguous language in contract drafting leads to misinterpretation of meaning, eventually leading to conflicts. Similarly, in most cases of smaller entities, the contractor may not read and understand terms and conditions thoroughly because of their focus on getting the project. Thereby they are bound by the terms and conditions laid by the Client. When only a dispute arises between parties, they go through the contract terms and understand how careless they were while entering into the contract. Such a situation should be prevented. Drafting a contract with precise and unambiguous language to minimize potential misinterpretation, defining key terms, and avoiding grammatical mistakes minimizes discrepancies.

Tools for conflict resolution in contract management include negotiation, mediation, arbitration, conciliation, and litigation. Other methods are collaborative law, conflict coaching, facilitation, dispute review boards, and online dispute resolution (ODR). These tools help parties reach agreements, manage disputes, and maintain positive relationships.

Uma sugest?o para análise de contratos de forma simultanea, colaborativa com diversas pessoas e com controle de seguran?a (perfil de edi??o, download, visualiza??o, etc..): Google Docs. Quem n?o é adepto dessa ferramenta ainda, seja por n?o conhecê-la ou por ainda estar muito inserido no pacote de servi?os do Office 365 da Microsoft, indico essa solu??o simples, grátis e funcional para a grande maioria dos casos.

Everyone speaks of the different tools in contract management, but the one basic fundamental tool is communication either in person when possible video conferences when possible but lastly e-mail. The tool called inter-personal communications is key to resolving any issue.

Conflict resolution in contract management is essential for maintaining positive relationships, ensuring project continuity, and avoiding costly disputes. By addressing conflicts early, parties can protect their interests, improve communication, and ensure compliance with contract terms. Effective conflict resolution also helps manage risks and uphold the reputations of the involved parties.

Whenever conflicts arise due to the unambiguous language, it is required to conduct a thorough review of the contract terms in question and collect all pertinent documentation, communications, and records related to the disputed terms. This can include emails, meeting notes, and any relevant background information. Additionally, consulting with the legal team will help to get a professional interpretation and it will guide the resolution process.

How we resolve contract conflicts is key to the owner contractor relationship. This process should be outlined in the contract, so all parties know what's expected of them when these conflicts arise. Of course it's always good to have the contracts administrator in these meetings so all the team members understand what the potential conflict is and any proposed plans to mitigate conflict.

Once, I had a General Manager who was meticulous in communication. If he had to, say, submit the cost estimate, he would ring the Engineer's office and discuss every inch of the proposal with the Engineer. Then, he would ring the Client and discuss every thing that will be printed in the cost estimate, keeping the Engineer in the loop. Then, upon submission of the estimate, he would personally call every stake holder and make sure every one is aligned regarding the issue. This left no room for any discrepancies in contract interpretation across all the project teams.

1) Discrepancies or issues related to unambiguous languages should be addressed during contract drafting and negotiation. Open ended statements which are subject to interpretation should be avoided. 2) All key stakeholders (e.g. legal, delivery/operation team, solution team,contract management team, finance, security team etc) should be engaged in reviewing the contracts so that any such discrepancies can be addressed. 3) The account team should be educated on how to interpret the contractual language. Contract Manager should work closely with the delivery/finance/Client Partner etc.

To address discrepancies in contract interpretation across various project teams, focus on the following: 1. Standardized Documentation Implement clear, comprehensive contract templates and guidelines to ensure consistency in interpretation across all teams. 2. Training and Workshops Conduct regular training sessions and workshops to educate teams on contract terms, common pitfalls, and interpretation techniques. 3. Centralized Query Resolution Establish a centralized support system or helpdesk for teams to seek clarification and resolve discrepancies swiftly and accurately.

I learned this very specific tool from an international contracts project director and he told me “the introduction of the contract says we have work, the signatures at the bottom mean we have an agreement and everything else is negotiable”.