Understanding Commonly Used Contract Terms

* Examples are given from "real life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms * Helpful resource for corporate managers This book will familiarize the reader with the look and feel of particular contract clauses (often called boilerplate clauses) that are important in commercial contracts. In negotiations, some executives will only scrutinize the commercial or "deal" terms of the contract. The rest is usually left "for the lawyers to sort out." However, the boilerplate clause will usually govern or regulate the other commercial or "deal" clauses. They play a vital part in the contract. It is only through the process of familiarization that you can begin to understand their effects. The important thing is to be able to identify these clauses and to understand what they are trying to achieve by their inclusion in the contract, which will place you well ahead of most other business executives in this area.

Every manager from the CEO down needs to have a basic understanding of commercial contracts and their ramifications and this publication will help them spot potential contractual negotiation issues before they become a problem. In the event of a lawsuit it will also help them work more effectively with their lawyers.

* Examples are given from "real-life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms You've been involved in weeks, or sometimes even months, of hard-fought negotiations. However, the deal is not done until it is written up--not until the final form of contract is agreed upon and executed. You have to have a basic understanding of commercial contracts and all their ramifications every step of the way. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.

The Canadian Business Contracts Handbook helps small-business owners to understand hundreds of standard contract clauses, such as those found in partnership agreements, lease agreements, and contracts for purchase or sale of goods or a business. Using everyday language, author Nishan Swais takes readers step-by-step through standard clauses and explains their meanings. He pinpoints potential problems in contracts, and clarifies legal jargon in simple terms for the layperson. While it takes a great deal of hard work to make a small business successful, it can also come down to paperwork. A well-written contract can make or break a business. Having a good understanding of standard business contracts and being able to negotiate and make changes to your own are critical skills essential to the effective running of a small business. The download kit included with this book can be installed on your home computer, and contains quizzes, checklists, and sample clauses that can help Canadian small-business owners understand, negotiate, and create their own legally binding contracts.

Savvy managers use contracts proactively to reach their business goals and minimize their risks. To succeed, these managers need a plan/framework and A Short Guide to Contract Risk provides this. It introduces the notion of contract literacy: a set of skills relevant for all who deal with contracts in their business environment. Arguing that contracts are too important to be left to lawyers alone, this short guide describes lean contracting, visualization and a number of easy-to-use tools that enable managers and lawyers to better understand each others' viewpoints and manage contract risks and opportunities. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. It is about understanding and using legally sound contracts as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.

This popular book clearly and concisely de-constructs the boilerplate clauses commonly used in commercial contracts. No matter how obscure or complicated the clause, this book will enable you to negotiate and comprehend the boilerplate clause, and draft your own. This invaluable guidance and detail is provided in a practical alphabetical format - a unique feature that enables you to locate vital information in seconds. The following invaluable knowledge and information is provided for each and every boilerplate: an explanation of the purpose of the clause; a discussion of the issues and problems you'll encounter drafting the clause; practical samples of commonly used precedents; a summary of the underlying law, including consumer law issues where relevant; an explanation of relevant major cases that have affected the interpretation of the clause.

"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. This set of contracts, currently in the third edition, is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 Engineering and Construction Short Contract uses plain English to lead the reader through the contract’s key features, including: the use of early warnings programme provisions payment compensation events preparing and assessing tenders Common problems are signalled to the reader throughout, and the correct way of reading each clause explained. In addition, the things to consider when deciding between the ECSC and the longer Engineering and Construction Contract are discussed in detail. Written for professionals without legal backgrounds, by a practicing construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECSC available. An ideal companion for Employers, Contractors, Project Managers, Supervisors, Engineers, Architects, Quantity Surveyors, Subcontractors, and anyone else interested in working successfully with the NEC3 ECSC.