Monday, January 12, 2009

Contract Negotiation

When you are in the fortunate position to have arrived at the contract negotiation stage it's often useful to remember that the different parties value different aspects of the contract unequally. In other words, one party might value getting a good price very highly while the other party values keeping control of intellectual property. Here are some common points of negotiation.
  1. Scope of services
  2. Specific resources to perform work
  3. Change in staff terms
  4. Price
  5. Termination notice and penalty
  6. Late payment penalties
  7. Payment terms (net 30 etc)
  8. Revenue sharing
  9. Equity sharing
  10. Intellectual property control
  11. Indemnification
  12. Etc.
This difference in valuing different aspects can be useful for reaching a mutually satisfactory outcome and getting past a deadlock. There can be give and take in different areas.

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