Here’s Why You Should Ask if it Needs to be in the Contract.

What Needs to be in Contract?

My 6/12/19 https://msochartered.com/2019/06/12/does-that-really-need-to-be-in-my-contract/ was one of my all-time most-visited posts. It listed the things every contract must have, described the (in my opinion) essential elements of a contract, and gave reasons for one to question whether something needs to be in a particular contract.

The Benefits of Asking.

One of my tech clients sent me a pretty burdensome clause to review.  I suggested some ways to push back on the customer.

Pushing back prompted the customer to check what the purpose was.  It turned out that it was for mission-critical tech.  My client’s product is not mission-critical, so the customer was willing to withdraw the request.

Conclusion.

Don’t just agree to a customer’s burdensome language. Ask if it really needs to be in the contract. It quite often does not.

Thank you!

Michael Oswald

michael@msochartered.com

www.msochartered.com

Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.

© 2021 Michael S. Oswald

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