Spring is the perfect time to freshen up your business contracts. Just as you tidy up your home when spring has sprung, conducting a comprehensive review of your contracts can streamline operations, mitigate risks, and make certain that your business is optimized for the challenges and opportunities that will present themselves in the months ahead. The following list includes tasks you should consider completing to get your business contracts spring cleaned.
Take Inventory of Business Contracts & Review the Fine Print
Compile a comprehensive list of all your business contracts. This includes leases, vendor agreements, client contracts, employment agreements, and other legal documents. Organize them and keep them in a centralized location so they are easy to access for future reference. Check the expiration dates of each contract to identify any that are nearing renewal or termination. To avoid any disruptions in service or legal troubles, be sure to prioritize contracts that are close to their expiration.
Review the fine print of your service agreements to refresh your knowledge of service offerings, deliverables, and hidden fees. Staying up to date on this information will help mitigate unfavorable surprises down the line that could negatively impact your business.
Assess Contract Performance & Identify Risks
Evaluate the performance of each contract to determine if the terms continue to align with your business objectives. Consider elements such as pricing, deliverables, service quality, and any changes in your business needs since the contract was first established.
Identify potential risks linked to each contract, such as ambiguous language, insufficient protections, or failure to comply with regulatory standards. Proactively addressing these risks can significantly reduce the likelihood of encountering future legal issues. Additionally, it’s crucial to confirm that your contracts continue to effectively serve your business and contribute to its seamless operation.
Negotiate Contract Updates & Document Changes
Contact the other parties involved in the contracts to discuss any necessary updates or revisions. This could include renegotiating pricing terms, updating the scope of work, clarifying ambiguities, or adding provisions to address new risks or business needs. On the other hand, this could include terminating a contract if it no longer serves the best interests of the business.
Seek Legal Counsel for Contract Review
Consult with your attorney to review all proposed changes or updates to your contracts. Their legal expertise can offer invaluable insights to refine and enhance your contractual arrangements. Your attorney can also verify that your contracts are in compliance with relevant laws and regulations.
Monitor Contract Compliance
Finally, consider establishing and implementing a formal process to monitor ongoing contract compliance throughout the year. Consistently reviewing contract performance, tracking key performance indicators, and promptly addressing any deviations from agreed-upon terms can support smooth business operations and risk avoidance.
By setting aside the time to review your business contracts this spring, you can help protect your business, streamline operations, and set the stage for future success. With careful planning and attention to detail, you can ensure that your contracts continue to support the goals and objectives of your business.
To seek counsel from our Business & Corporate group, please reach out torequest a consultation or call us at 216-696-1422.
Author
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Michael D. Makofsky
Michael Makofsky is a Principal at McCarthy Lebit where he focuses his practice on mergers and acquisitions, banking and finance, business and corporate, and venture capital and private equity. Learn more about Michael and his practice.