Recently, Drew, our PMO Manager, asked me to review a contract he was working on. I gave it back to him quickly with very few comments. He was surprised and said I was pretty easy going about contract language these days. For over fifteen years I wrote and negotiated all the contracts for Taylor Studios. My attorney was very good at teaching me what to look for, what language to use, what to give on and what not to give on. I was meticulous. Eventually, my attorney pointed out that I needed to train someone else to help me on the legal side of the business.

We began by creating contract templates for different types of projects, e.g. fabrication only, design/build, graphic design only, etc. Over the years we refined this and added new language as necessary. Getting paid on time and avoiding client delays were two big issues we attempted to address in our contract language. Our attachments include a very detailed schedule that lays out our deliverables and client deliverables. Some of the other language we are stickler’s about is copyright protection and the termination clause. We believe we should be able to maintain the rights to our designs. And we also believe each party should have the right to terminate the contract for reasonable cause.

Given that my staff was involved in creating these templates it was an easy transition to give them the responsibility of writing and/or reviewing contracts. I still review and sign all the contracts. My staff does the rest. Our project managers draft all subcontracts. Drew drafts or reviews all other contracts. All contracts are sent around for others to review also.

There are two reasons I have become a bit easy going about contract language. First, I know I have a proper structure and process in place to formulate good contracts. Second, over the years I have realized contracts are as good as the word of the entity you are working with. In reality, they are a communication tool. They remind each party what they committed to in the first place. They help with accountability. However, if you ever have to enforce one in court that will probably cost more than the outcome is worth.