Feedback Form
Home Features Mastermind Videos About Advertise Blog Network Contact
   

Have A Suggestion?
Toronto Salsa Classes / Toronto Salsa Lessons Email us your ideas on how to make our website more valuable! Thank you Sharon from Toronto Salsa Lessons / Classes for your suggestions to make the newsletter look like the website and profile younger entrepreneurs like Jennifer Lopez and Sean Combs!
Have A Suggestion?

Featured Ebook


ebook Famous Entrepreneurs - Modern Empire Builders


Featured Ebook

More Evan Carmichael
Have A Suggestion?


Sales Lessons From Starbucks And Dell

Dont Blow the Boilerplate in Contracts



Dont Blow the Boilerplate in Contracts
   

I have tackled this topic before and, assuming that a generic, global warning about boilerplate in contracts was sufficient, went on to address other topics. Well, you know what they say about "assume"... psst, it has something to do with the first three letters!

We all know what "boilerplate" means, right? According to my dictionary, it's "the standardization of a legal document's structure and language." Simple.

And yet if you Google the word "boilerplate," you will discover a world of definitions, some of which will be familiar, while others -- the story of this Victorian era robot named Boilerplate, for example -- may not.

So the first point is that there is no such thing as only one definition for something as varied as the concept of boilerplate... it's all over the map. Likewise, boilerplate contracts themselves are all over the map too, and there is therefore no part, paragraph or provision of which you can afford to overlook.

Second, let's all agree that in this day and age of business done at warp speed, the tendency to rely on or ignore the boilerplate can be a dangerous decision down the line.

For instance, not only do you want to know the beginning and ending dates of the contract you are about to sign, you want to be sure that, if your customer does not perform or pay, you know exactly how to terminate your work and end your obligations under the contract. Oops, did you miss the lack of your right to terminate when you skimmed the boilerplate termination provisions prior to signing? That's always a favorite of mine!

Third, my recommendation is to not just change language, but rather, unless the change is clearly obvious on its face, insert a comment which explains the change from your perspective.

In my experience, it makes for a smoother, more amicable contract negotiation if you explain your concern about a boilerplate provision you are changing instead of sending back a marked-up copy in a vacuum. It also helps the so-called layperson on the other side (who may not be familiar with all of the legal provisions, but who must advocate with their counsel to get a change made) to understand the foundation for your concern as to why a boilerplate provision just doesn't work in a particular transaction.

In summary, boilerplate can be a blessing or a burden, depending upon your perspective. Once you get comfortable with some of the boilerplate provisions which may be perfectly acceptable in most of your contracts, your time is freed up for identifying and negotiating those boilerplate clauses that simply don't work, are unduly onerous or aren't relevant in the contract itself.

As Henry Ford, the entrepreneur who built Ford Motor Company, said: "Don't find fault, find a remedy; anybody can complain."

Dont Blow the Boilerplate in Contracts - To learn more about this author, visit Marijo McCarthy's Website.

Like this article? Share it with your friends
[Get Copyright Permissions] E-Mail | Print | More  


Related Articles Related Articles
Dont Blow the Boilerplate in Contracts
  I have tackled this topic before and, assuming that a generic, global warning about boilerplate in contracts was sufficient, went on to address other topics. Well, you know what they say about "assume"... psst, it h...
Stand Up For Your (Contract) Rights
  Recently, a client called for some advice on several "boilerplate" contracts for services and equipment he was contemplating acquiring. He told me he had been prompted to call by reading one of my prior newsletters ...
Boilerplate in Contracts ... a Dangerous Thing to Ignore
  Recently, one of my clients called me in a panic because his company had been sued ... in Texas, no less! He wanted to know why and how and what to do about it. As it turns out, he entered into a contract with a ven...
10 Steps for Drafting an Effective Press Release
  This article provides 10 key topical, stylistic and structural elements for writing an effective press release.
For Sale: Most Expensive VC Home in Country
  Here's one way to sidestep having to raise money from LPs: Sell your house for $76-million.

Related Forum Posts Related Forum Posts
Legal Contract Tips Legal Contract Tips
Re: Setting Up your Advisory Board - Steps 8 Re: Setting Up your Advisory Board - Steps 8
Re: Due Diligence, Market Research.. Ahead of the curve. Re: Due Diligence, Market Research.. Ahead of the curve.
Setting Up your Advisory Board - Steps 7 & 8 Setting Up your Advisory Board - Steps 7 & 8
Re: Businesswomen in the news Re: Businesswomen in the news
Re: HISTORY HAS BEEN MADE! Re: HISTORY HAS BEEN MADE!
Re: Setting Up your Advisory Board - Steps 7 & 8 Re: Setting Up your Advisory Board - Steps 7 & 8
Re: Businesswomen in the news Re: Businesswomen in the news

Related Forum Posts Related Businesses - Evan Elite Authors

The Evan Elite Authors program is currently in beta phase. For details please contact us.


 
About the Author


Marijo McCarthy
(Visit Marijo's Website)
Marijo McCarthy is principal of Widett and McCarthy, a Boston-area law firm that helps small business owners grow their businesses with pragmatic legal advice, mentoring and a solid team of professional advisors.
Have A Suggestion?

View Author's Blog
Become An Author

View Author's Video
Become An Author

Free Downloads


Marijo McCarthy's

Complete
List Of
Legal
Articles

First Name
Last Name
Email
 
If you enjoyed this article, get Marijo McCarthy's Complete List of Legal Articles For FREE!

More Marijo McCarthy
Stand Up For Your Contract Rights
Zeroing In On Bad Economy Business Basics
Boilerplate in Contracts a Dangerous Thing to Ignore
Theres a New Sheriff in Town and Shes Taking No Prisoners
The Smart Alternative to Layoffs
If Youre In Trouble Reach Out for Help Now
Contracts Contracts Contracts Read Em Well
Employee or Independent Contractor That is the Question
Why NonCompete Means Dont Lie Cheat or Steal
Are You Making the Most of Your Professional Relationships
Become An Author