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It's Never Just Boilerplate by Rebecca Gray for Contract Nerds

It’s Never Just Boilerplate

Our job as contracts professionals is recognizing what the circumstances require, assembling the best examples and templates to start from, and understanding how and where to revise language to meld these pieces into a roadmap that will facilitate smooth execution of the deal while protecting both parties from undesirable outcomes. That’s why common contract language isn’t just boilerplate.

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Seven Common Contract Annoyances and Tips for Dealing with Them, by Paul Swegle, for Contract Nerds

Seven Common Contract Annoyances and Tips for Dealing with Them

Paul Swegle – law professor, book author, and General Counsel – shares his top 7 contract peeves and tips on how to deal with them. For those who are newer to commercial negotiations, it may be useful to realize that these annoying issues are out there and headed your way. As with most endeavors, knowing in advance there may be ups and downs and having tools to address them can help us maintain perspective and good judgment.

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Contract Redlining Etiquette Rule #6 on Re-Drafting by Nada Alnajafi for Contract Nerds

Contract Redlining Etiquette – Rule #6 On Re-Drafting

Remember, you’re still drafting even while negotiating. The key to drafting a clear contract is to re-draft clearer contractual terms that correspond with your redlines and reflect the parties’ intent. The best way to accomplish this is for the party requesting a substantive change to propose the corresponding language. Here are some best practices to keep in mind for this simple yet often overlooked rule of thumb.

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How to Spot and Solve Implicit Language Bias in International Contracts by Nada Alnajafi for Contract Nerds

How to Spot and Solve Implicit Language Bias in International Contracts

Ever notice that contracts are always drafted in English? Implicit language bias occurs in contracts when the contract drafter assumes the other party is as fluent in English and English “legalese” as the contract drafter. If you’ve ever thought this to yourself, “Wow, their English is surprisingly really good!” then you probably have implicit language bias.

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Avoid These 3 Mistakes When Using Incoterms, by Laura Frederick, for Contract Nerds

Avoid These 3 Mistakes When Using Incoterms

Incoterms are a pre-defined global standard for allocating risk of loss, customs clearance, and transit insurance in sale of goods contracts.  The International Chamber of Commerce (ICC) established Incoterms in 1936 and updates the definitions every ten years, with the most recent version adopted earlier this year.
Incoterms are an amazing tool for contract drafters to […]

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The New Law on the Block for Independent Contractor Agreements, by Anna Makowski Morkos, for Contract Nerds

The New Law on the Block for Independent Contractor Agreements

This September, even California employers have to go “back to the books” when hiring and contracting with independent contractors. As if we didn’t have enough change to navigate already, the rules around independent contractors have changed once more.  So break out your highlighters and follow along as we walk you through some key updates and […]

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