1.

Record Nr.

UNINA9910810434903321

Autore

Haapio Helena

Titolo

A short guide to contract risk / / Helena Haapio and George J. Siedel

Pubbl/distr/stampa

London : , : Routledge, , 2016

ISBN

1-351-96184-5

1-315-26370-X

1-299-26357-7

1-4094-4887-8

Descrizione fisica

1 online resource (227 p.)

Collana

Short guides to risk series

Altri autori (Persone)

SiedelGeorge J

Disciplina

346.7302/2

Soggetti

Contracts - United States

Risk management - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

"A Gower Book"--cover.

First published 2013 by Gower Publishing.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Cover; Contents; List of Figures; List of Tables; About the Authors; Acknowledgments; Foreword; 1 Introduction; Why This Book and This Topic?; Who "Owns" Contract Risks?; A Fresh Perspective: A Proactive Approach; How This Book Is Organized; 2 Contracts and Risk-the Big Picture; Why Do Companies Make Contracts?; What Exactly Do We Mean by "Contract" and "Contracting?"; What Exactly Do We Mean by "Risk?"; Contract Risk: Uncertainty Threatening the Achievement of Objectives; Contract Opportunities: Favorable Outcomes, Benefits and Predictability

The Promotive, Preventive and Balancing Power of ContractsContract Literacy: The Foundation for Identifying and Managing Contract Risk; Summary; 3 Sources of Contract Risk; Language Risks, Contract Wording, and Beyond; Perceptions, Growing Complexity, and Communication Failures; Gaps in the Contracting Process-Lack of Contract Management; Contractual Risk Allocation Leading to the Illusion of Control Where None Exists; Current Contract Practices-Focus on Wrong Issues and Terms; Summary; 4 Risks in Negotiating a Business Contract; Legal Risks in Contract Formation

Risks Relating to Negotiation Strategy and Contract ImplementationRisks Resulting from Attempting to Create a Legally



Perfect Contract; A Decision-Making Tool for Addressing Risk During the Contracting Process; Summary; 5 Risky Terms and Issues in Contracts; Which Contract Terms Deal with Risk?; Most Frequent Sources of Claims and Disputes; Active Clauses vs. Passive Clauses-Performance Concerns vs. Legal Concerns; High-risk Issues in Contracts; Clauses that May be Risky-or Offer Protection against Risks; Summary; 6 Contract Risk Recognition and Response: Processes and Tools

Implementing Contract Risk Management: Neither Expensive nor ComplicatedTowards Systematic Contract Risk Management; The Contract Risk and Opportunity Management Plan; Contract Management: Ownership, Accountability, and Beyond; Managing Risks Jointly: From Risk Allocation to True Risk Management; The Challenge: Engaging People and Communicating Contracts; A Way to Meet the Challenge: Visualization; A New Mindset Enables Better Decisions and Results; The Lean and Visual (IKEA) Approach to Contract Risk Management; Summary; 7 Conclusion; Index

Sommario/riassunto

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 an