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Contract Life Cycle Management System
Business Challenge
An estimated 80% of business-to-business transactions
are underpinned by legally binding contracts and agreements. Though many
of these contracts contain clauses, terms, conditions, commitments and
milestones that need to be tracked and managed over the contract’s life
to maximize business benefits and minimize associated costs or risks,
most organizations never actively manage their contracts during the agreement
period. Contracts are archived away in departmental fi ling cabinets never
to be reviewed again until a problem arises or the contract has already
expired. Contract Management software enables an organization to be proactive
in the management of its contracts. Organization employing contract management
software has a deeper and more contextualized understanding of the risks,
obligations and benefits associated with each contract.
High Costs of Creating and Managing Contracts
Legal costs relating to contract creation, approval
and maintenance constitute a significant cost to an organization, particularly
when contract work is outsourced to external law firms. Internal legal
specialists can also be high cost resources if they spend excessive time
creating, approving and maintaining the legal integrity of contracts.
More significant though, are the associated direct and
indirect costs of managing and administrating contracts and legal agreements.
A clear example of direct costs is the insurance firm that employs 23
full-time employees in one department to re-type data held within insurance
policy documentation (or in other words, sales contracts) into their various
back-end systems. For indirect costs consider the company that does not
manage and control their contracts. These costs can take the form of unfavorable
commercial terms negotiated by one business unit while another business
unit negotiates better terms with the same supplier.
Corporate Governance Legislation and
Regulations
Publicly traded companies and in particular, organizations
that operate in highly regulated environments must comply with increasingly
stringent legislation and regulations surrounding the disclosure of corporate
information. Contracts are used to manage financial information that is
critical to meet the compliance regulations.
Management of Risks and Liabilities
Hidden in the detail of many contracts are terms,
conditions and commitments that, if not tracked and managed, can leave
an organization open to unnecessary risk. There have been many examples
where contract terms have been changed, either by the buying or selling
organization to win the business that can ultimately turn a profitable
transaction into an unprofitable one. Extent of liability, warranty periods,
penalty clauses, auto-renewing clauses, and sales discounts are all examples
of clauses that any CFO or Corporate Counsel will be looking for before
approving a contract. Having the ability to automatically flag any of
these key clauses that do not meet the organization’s expectations is
a key part of any Contracts Management system.
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