Contract Negotiation Tip 008 | Name the Proper Party to Avoid the Slip
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Contract Negotiation Tip 008 | Name the Proper Party to Avoid the Slip

ByKevin Walsh, Esq

Imagine your company is about to land the big one. After months of negotiations with the people from Big Fish Inc you emerge from a meeting with the terms you want. The contract arrives, everything looks as you had anticipated, with one minor exception. The name of the other organization is slightly different than what you were expecting. Instead of ‘Big Fish Inc’ the other party is written as ‘Big Fish Holding Co’. Your organization…

Contract Negotiation Tip 007 | Dispute Resolution Clauses and the Art of War
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Contract Negotiation Tip 007 | Dispute Resolution Clauses and the Art of War

ByKevin Walsh, Esq

The Art of War, written around 500 B.C. by the legendary Chinese General Sun Tzu, has been studied by military commanders for the past 2,500 years. Today Sun Tzu’s strategies are also used by CEOs and their corporate lawyers. It’s wisdom can be applied in contract negotiation to control the terms of engagement should conflict later erupt. Most commercial contracts have a dispute resolution clause. This is where the parties agree how a war will…

Contract Negotiation Tip 006 | Pin Down the Party Representative
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Contract Negotiation Tip 006 | Pin Down the Party Representative

ByKevin Walsh, Esq

When the parties to a commercial contract are living up to mutual performance expectations it’s a pleasure doing business. Both sides are happy to receive phone calls from the other and everyone is quick to take credit for the commercial success. But when things start to go pear-shaped, you may soon find your telephone calls are no longer being returned. The individual who signed the contract, who you may have never met, is near the…