Jim's Articles

We talked last week about what is not in a contract and the premise that in the eyes of the law in most places, if money has exchanged hands you have a contract. This week I wanted to take a higher level look at what one might want to include in a contract. And, we'll further simplify it by focusing on a contract that is of the "time and material" variety...

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It is true that if you want something in a contract, you must put it in the contract. It is also true that there are things not in a contract that are implied. A basic principle in the laws in the United States at least is this: if you accept money to do a task, there is a contract. It may be a verbal contract, but it is indeed a contract. Unfortunately, such contracts, if they involve a substantial claim by one party against another, will be sorted out the expensive way--in court. Here's an example...

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It is procurement month at Paperitalo Publications. The mill-related troublesome issues that can be attributed to the purchasing department are myriad and legion. This is not to say that there are not great purchasing agents, but this is a focal point of interaction with outsiders. It can lead to grand levels of loss through misunderstanding, incompetence and fraud. I want to discuss two issues today, two issues that are critical even before one arrives at the content of purchasing documents...

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