Re: Fwd: Two Contracts?

Subject: Re: Fwd: Two Contracts?
From: Beth Agnew <beth -dot- agnew -at- senecac -dot- on -dot- ca>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Tue, 20 Dec 2005 15:52:01 -0500

I've been in this situation with large clients, and signed two contracts. The important thing is that the two contracts should NOT conflict. If you have a problem with any clause in their contract, strike it through, initial the strike through, and if necessary, write in your own wording. Every contract, even boilerplate, can be amended by the parties before signing. Of course, you have to consider the consequences. They might say, sorry, that clause has to stand, in which case it's your option to say, then sorry, I won't be working for you.

I often have clauses in my contract that the client typically doesn't include, such as kill fees, and waivers of liability. The problem with merging two contracts, is that the client might agree to your specific terms, but not want to incorporate such terms into "their contract". They also generally do not want to just use "your" contract, even if their clauses are added. Silly, but, hey, lawyers. Hence you end up with two contracts.

Contracts are really meant to codify the meeting of minds of two parties to an agreement. Any points of conflict should be discussed, negotiated, and sorted out before you start to do business together. Don't count on the contract saving a situation gone bad. At that point, it's just a weapon. If you cannot come to a friendly and equitable agreement with your client, do you really want to be working with them? The potential lost revenue is nothing compared to the losses that could occur if it all goes terribly wrong.
--Beth

Anonymous Poster wrote:

This contract has several clauses that conflict directly with the text of
my contract, These clauses are clearly not in my best interest (like
giving up the right to trial by jury in a dispute).

My contact says her company always signs the consultants contract and
has the consultant sign theirs. Is the process of signing "two"
contracts common? (I've never done it.) If I sign them, which contract
takes precedence--perhaps the one signed first, or last??

--
Beth Agnew
Professor, Technical Communication
Seneca College of Applied Arts & Technology
Toronto, ON 416.491.5050 x3133
http://www.tinyurl.com/83u5u

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Now Shipping -- WebWorks ePublisher Pro for Word! Easily create online
Help. And online anything else. Redesigned interface with a new
project-based workflow. Try it today! http://www.webworks.com/techwr-l

Doc-To-Help 2005 now has RoboHelp Converter and HTML Source: Author content and configure Help in MS Word or any HTML editor. No proprietary editor! *August release. http://www.componentone.com/TECHWRL/DocToHelp2005

---
You are currently subscribed to TECHWR-L as archive -at- infoinfocus -dot- com -dot-
To unsubscribe send a blank email to techwr-l-unsubscribe -at- lists -dot- techwr-l -dot- com
or visit http://lists.techwr-l.com/mailman/options/techwr-l/archive%40infoinfocus.com

To subscribe, send a blank email to techwr-l-join -at- lists -dot- techwr-l -dot- com

Send administrative questions to lisa -at- techwr-l -dot- com -dot- Visit
http://www.techwr-l.com/techwhirl/ for more resources and info.


Follow-Ups:

References:
Fwd: Two Contracts?: From: Anonymous Poster

Previous by Author: RE: Best Practice for reviewing documents
Next by Author: Re: Punchcard Wreaths
Previous by Thread: Re: Two Contracts?
Next by Thread: Two Contracts? (take II)


What this post helpful? Share it with friends and colleagues:

Sponsored Ads


Sponsored Ads