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How can you collaborate with attorneys and subject matter experts to draft effective contract clauses?

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Drafting effective contract clauses is a crucial skill for contract negotiation, as it can help you avoid disputes, protect your interests, and achieve your goals. However, you don't have to do it alone. You can collaborate with attorneys and subject matter experts to ensure that your contract clauses are clear, concise, and compliant. Here are some tips on how to work with them effectively.

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1 Identify the key issues

Before you start drafting contract clauses, you need to identify the key issues that you want to address in the contract. These may include the scope of work, the payment terms, the warranties, the liability, the termination, and the dispute resolution. You can use a checklist or a template to guide you through the process. You should also consult with your stakeholders and your counterpart to understand their expectations and concerns.

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David LaPlante

Director-Real Estate at Union Pacific Railroad responsible for $40M+ annual revenue managing multiple teams responsible for Union Pacific's Public Projects, Mineral Royalty and Commercial Signboard portfolios.
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It is imperative to have the major deal point agreed to and or specific project scope laid out before you begin drafting any specific contract terms.

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Amir Azarbad

Business Services Manager at PiTech
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The most important thing is to find what risks we should manage. Making a list of risks and ask for the right bound for them.

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Juan Felipe Acosta-Sánchez

Managing Director ClarkeModet Colombia | CEO | Adjunct professor | Trial and Litigation attorney
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Me ha resultado útil ver todo contrato como una relación en que ambas partes tienen un propósito común explícito y otro individual implícito. Las cláusulas efectivas armonizan esos intereses.

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Susan Barnes Rice

Construction Operations Executive ACCD.Group
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Reverse engineer: *Determine the "ideal" outcome from the 35,000 foot view. *Bullet point the "must haves". *Separately list the remainder of the "asks" that would get you to your "ideal" outcome but that you could live without. These are the items you can give up as part of your "compromise" mindset. *Go into the meeting determined to create a win-win outcome and communicate that goal as your first order of business in your negotiation meeting.

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2 Seek legal advice

Once you have a draft of your contract clauses, you should seek legal advice from a qualified attorney. An attorney can help you review your contract clauses for accuracy, completeness, and compliance. They can also advise you on the legal risks and consequences of your contract clauses, and suggest ways to mitigate them. You should communicate with your attorney clearly and regularly, and provide them with all the relevant information and documents.

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Samantha McEachin

Attorney | Combat Sports & Entertainment | Government Regulatory Affairs | Multi-hyphenate Creative
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Begin by delineating the contract’s scope and aims. Consult with SMEs to grasp the technical and operational details. Share this insight with attorneys to ensure the contract’s legality and enforceability. Foster a cycle of review, allowing SMEs and attorneys to refine the language for both legal accuracy and functional use. Prioritize transparent communication to harmonize mutual comprehension and expectations. Draw on the collective knowledge of both legal and field experts to formulate clauses that are concise and customized to suit the specific requirements of the contract. This cooperative effort will result in robust contract clauses that serve the interests of all parties and mitigate potential disputes or misunderstandings.

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3 Consult with subject matter experts

Depending on the nature and complexity of your contract, you may also need to consult with subject matter experts (SMEs) who have specialized knowledge or experience in the field of your contract. For example, if your contract involves technical specifications, quality standards, or performance indicators, you may want to consult with an engineer, a quality manager, or a project manager. SMEs can help you draft contract clauses that are realistic, measurable, and achievable. You should respect their expertise and feedback, and explain your objectives and constraints.

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4 Revise and refine

After you have received the input from your attorney and your SMEs, you should revise and refine your contract clauses accordingly. You should aim to make your contract clauses as clear and concise as possible, avoiding ambiguity, jargon, and redundancy. You should also ensure that your contract clauses are consistent and coherent, and that they align with the rest of the contract. You should proofread your contract clauses carefully, and check for any errors or gaps.

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5 Negotiate and finalize

Finally, you should negotiate and finalize your contract clauses with your counterpart. You should present your contract clauses in a confident and professional manner, and explain the rationale and benefits behind them. You should also be prepared to listen to your counterpart's feedback and concerns, and to address them constructively. You should seek to reach a mutual agreement that satisfies both parties' interests and needs. You should also document any changes or modifications that you make to your contract clauses during the negotiation process.

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Juan Felipe Acosta-Sánchez

Managing Director ClarkeModet Colombia | CEO | Adjunct professor | Trial and Litigation attorney
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Haga contratos para negociar, que usted firmaría si fuera la contraparte. Hacer contratos leoninos tiene un impacto a largo plazo sumamente negativo para la relación de negocios.

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6 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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How can you collaborate with attorneys and subject matter experts to draft effective contract clauses?

1

2

3

4

5

6

1 Identify the key issues

2 Seek legal advice

3 Consult with subject matter experts

4 Revise and refine

5 Negotiate and finalize

6 Here’s what else to consider

Contract Negotiation

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How can you collaborate with attorneys and subject matter experts to draft effective contract clauses?

1

2

3

4

5

6

1 Identify the key issues

2 Seek legal advice

3 Consult with subject matter experts

4 Revise and refine

5 Negotiate and finalize

6 Here’s what else to consider

Contract Negotiation

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