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Who can believe it’s November? Not me, that’s for sure.

I love a good declutter this time of year. I cull all my kids’ toys and clothes to make some room for whatever Santa might bring.??

I do the same in my business, so that I can start my 2025 planning with a clean slate.

Are you in the throes of a business clean out too? Maybe your suite of standard contracts looks like my kids’ toybox: A bit dusty and forlorn. Some things are missing an arm, leg or wheel. Maybe the batteries have gone flat, or maybe you’ve just outgrown them.

If your contract cupboard is looking bloated, you should add a contract strategy review to your new year resolutions.

Review, Reflect, and Simplify

Before you put your contract suite on a strict January diet, it’s worth spending some time in reflection: not just on what you have, but on what you actually need.

One of my big goals for 2025 is promoting the simplification of contracts. As in, don’t make everyone’s head explode with a turgid major works contract when a minor works contract would be perfectly adequate. Speaking of which, your minor works contract should not be the same length as a major works contract.

If you feel that you spent far too much time in 2024 haggling with suppliers and customers over the terms of your standard contracts, let’s talk about whether that is an efficient use of your and your commercial partners’ resources. Apart from which, a tedious battle over contract terms doesn’t exactly get everyone’s relationship off to a glowing start.

Some of my favourite client outcomes this year have been when my clients have pushed back on the other party’s long or inappropriate form contract, and been able to persuade them to cough up something shorter, simpler or much better suited to the project at hand.

4 steps to declutter your contracts

1. Map out the key focus(es) of your contracts. Bonus points if you can come up with a flowchart. It will help you think about the practical risks you need to manage.

2. Chunk those focuses into categories. Some headings you might think about:

Clarity of scope
Security of supply
Exposure to changes in scope or delivery dates
Ability to insure relevant risks

3. Next, consider whether you are using the right contract for the right purpose. Do you really need a 50 page supply contract to procure a widget with a highly prescribed specification, that is in ample supply? Spoiler alert: no, you don’t. A purchase order is fine (assuming you’ve got some PO terms on it, that is!).

4. Check whether your contracts are serving their practical commercial purpose. Do they:

Manage expectations about who is doing what, by when, and at what cost?
Have processes for managing change to scope and delivery dates?

Set out what happens if the project needs to end early or the relationship breaks down?

You should also check with your insurance broker if anything needs to be added to your contracts to help reduce your premiums and to protect your cover if something does go wrong.

How I can help

I’m sure you have a good feel for the contracts that your business is using and what their biggest challenges and gaps are. But if not, or if you just don’t have time to think about it, I’m happy to do a high level audit and sit down with your procurement or sales team to talk about how your contracts can be improved, including by removing a few from the wardrobe and dropping them off at the local contract graveyard.

Book in for a free 15 minute consultation so we can talk about how I can support you to spruce up your contracts ready for 2025.

SoundLegal End of Year Shutdown

I’ll be slowing down my work hours from 13 December 2024 through January 2025, so I can enjoy the summer with my family. If you’re keen to get on Santa’s nice list for your contracts, make sure to book in ahead of time.

About Gemma

I help construction, engineering and consulting businesses create and negotiate clear contracts so they can make more profit and achieve great project outcomes.

I founded SoundLegal to help SMEs in the engineering, construction, consulting and light industrial sectors manage their risk to support business growth, by finding practical, common sense solutions to contractual and other legal challenges.

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