Contract Drafting Strategy in Covid-19 and the Future
Post
COVID-19 the world will be different from how its been doing contracts and
business. The extent of the change is not completely known currently, however
the change in perspective everyone will agree too.
So
how do we reflect the shifting contracts in respective business standards? True
the changes for the future begin with contract drafting. Let our checklist some
points we would like to focus on and bring attention to future contract drafting.
The
first thing that comes with drafting is the pre-standard templates the
organization has been referring to include factors in the business standard
clauses, T&C regimen. Once you have the template, check out for what
additional drafting will be added in the contracts for further adding value to
them and implicitly protect you from risks covering various factors starting
with this COVID-19 pandemic.
Check
for clauses that factor in overall risk mitigation.
Start
with Force Majeure and analyze what umbrella of events it covers under its
provision. To it add the relevancy other clauses like responses, changing
standards, termination rights, and everything else in relevance to both the
signing parties to have contract values than heading to a closeout.
A
post new world, new laws.
The
world when hit by the force of COVID-19 almost coming to a standstill, in the
beginning, a few months and affecting almost everyone in the chain had made
government interfere and change laws to benefit and protect their own country,
people, and the economic slowdown. Future contracts are to be integrated into
the new law changes in their states and country and work in compliance with it.
Business
Continuity Plans a must.
Business
Continuity Plans have become crucial and the relevant lifeline in influencing
the new decisions of the business during and post-COVID-19. Business continuity
plans now have become a new outlook for business and are reviewed accordingly
to the existing chains of business circumstances.
Addressing
Non Performance Globally.
COVID-19
is a scenario that has made non-performance across every contract parties
involved. Instead of non-performance catering generally any one side not able
to meet the criteria, now it has become uniform with all sectors and places
going on a lockdown affecting many to fulfill their obligations. In drafting
future contracts new non-performance analyzed contracts will give a clear cut
perspective for both sides.
A
few changes in drafting contracts added to the standard drafting template will
make contracts better and more of value, in the long run, protecting both the
involved parties and minimizing risks and losses along the way in doing
business and maintaining business relationship standards.
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