Libby Weber – Associate Professor at the University of California, Irvine – promotes a way of thinking about contracts beyond their traditional “preventive” role of avoiding risk, preventing breaches or opportunistic behavior. Her premise? Why not use contracts to promote cooperation, flexibility, and creativity?
I’ve long been an advocate of “plain language contracting” – in fact, for many years. After all, it is the users of the contracts who need to understand and live into them. Of course, I perked up when I saw an insurance company issuing a plain language contract. The company is Lemonade and they are […]
Reviewing RFx Bidding Methods: Which Ones are Right for You? Article by Kate Vitasek published March 2019 in Contract Management Magazine Every day, companies use well-known, “tried and true” competitive bidding methods to choose their suppliers. Most common, of course, is the request for proposals (RFP)—also commonly referred to as a request for tender or invitation […]
It’s here! IACCM has released this year’s report on the most negotiated contract terms, which provides insight into the contracting practices of more than 2,100 organizations. One of the major insights of the survey identifies . Writing recently in his Commitment Matters column, IAACM president Tim Cummins said that participants confirmed “the steady shift of business […]
Smarter way to harmonize all parties to the contract Article by Kate Vitasek published 30 May 2018 in IACCM’s Contracting Excellence Journal Do we exist within the contracting paradox – “the delusion that we write contracts to make plans, but we cannot really plan accurately,” and, as a nice twist, we trick ourselves into believing that […]
Even for complex business contracting issues the basic language need not be obscure, opaque and unreadable.
How often do we come to the negotiating table or the procurement process with the idea of treating each other as equals during a negotiation?
DOS is seeking a new approach to a single source contract that, at its core, is doing what 3PLs do best: providing customized, reliable services through multiple modes of transportation.
This is the time of year when lists abound, usually featuring the numbers 7 or 10: The ten best articles of the previous year, the top seven trends that will shape the future of the coming year – it’s a time-honored tradition that has only become more prevalent in the internet age. Lists are also […]
Hart, Holmstrom: Contract theory and incomplete contracts Kate Vitasek’s column published online on 6 January 2017 Professors Bengt Holmström (MIT) and Oliver Hart (Harvard) received the 2016 Nobel Prize in economic science in October for their work in the realm of contract theory and, most intriguing, the nature of contracts as being essentially incomplete… Here’s […]