Key Takeaways:
- Contracts don’t work if they don’t match business reality, even if they are perfectly drafted.
- Collaboration with the business is not optional; it is the only way to get contracts right.
- Asking clear, practical questions will make you invaluable as a contracts professional.
When you’re new to contracts, it’s tempting to focus on the document itself. Redlines. Clauses. Formatting. But here is the truth: the contract is just the output of something bigger. The business relationship.
And if the contract doesn’t reflect what the business actually intends or is capable of delivering, it’s not a safety net. It’s a liability.
That’s why one of the first rules of contracting is simple: you can’t work in a silo. You need input from the people who actually know the deal.
Silo Contracting Creates Risk
Working without input from the business leads to misalignment, and misalignment leads to mess.
- Promises that can’t be delivered: The contract says: 24/7 support. Operations only have Monday–Friday coverage. Result: breach of contract, loss of trust, service issues.
- Payment terms that don’t match reality: The contract says: “payment within 14 days.” Finance pays monthly. Result: late payments, vendor friction, internal complaints.
- Scope that’s based on assumptions: The contract says: “full implementation support”. Sales only has capacity for 3 check-ins and some email templates. Result: a customer expecting the world and a team unable to deliver.
Notice something? These aren’t drafting errors. They are information gaps.
Breaking out of the silo
Collaboration doesn’t slow you down. It saves you from firefighting later. Here is how to build it into your process:
| What to do | Why it helps |
| Talk to the people delivering the deal | Understand scope, limitations, and responsibilities |
| Loop in finance and ops early | Align timelines, billing, and operational capacity |
| Ask about informal promises already made | Ensures consistency between what has been said and what is signed |
| Ask for feedback on drafts | Sharing drafts with business owners builds trust and improves accuracy. You are less likely to miss key assumptions. |
| Use an intake checklist or question guide | Standardizes what you ask, so nothing important gets missed. |
| Keep communications open during drafting | Avoids last-minute surprises and builds trust with stakeholders |
Pro tip: If you’re unsure about something in the contract, ask the business, “Can we actually deliver this?” It’s one of the most valuable questions you can ask.
The Collaboration Checklist
Here is the good news: you don’t have to guess what to ask. I’ve put together a downloadable Collaboration Checklist with 14 business-friendly questions and explanations to help you uncover the real deal behind the contract.
It covers things like:
- How to define scope so expectations are clear
- How to surface informal promises and hidden risks
- Who’s accountable for delivery and sign-off
You can acccess the Collaboration Checklist here.
Keep it handy for intake calls, stakeholder meetings or even as a quick self-check before you press send on a draft or review.
The Deal Behind the Contract
When you understand the deal behind the contract, you write better contracts. You’ll spot gaps others miss. You’ll avoid terms that don’t reflect the commercial reality. And you’ll build trust with the teams you support.
Most importantly, you’ll stop being seen as the contract or legal person who says “no” and start being seen as the person who helps the business get the deal done safely and effectively.
That’s how you add value. No matter how new you are.
Now that you know contracts can’t live in a silo, let’s zoom in on the document itself.
Up next: Anatomy of a Contract – the structure of a typical contract, including the purpose of each section and why it matters. See you next month on the New to Contracts column, exclusively for Contract Nerds!
