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Real Estate Business Review | Wednesday, September 28, 2022
Contract management refers to the business processes that manage the creation, implementation, and evaluation of contracts to maximize business performance and minimize risk.
FREMONT, CA: Contract management is important for your business – Contracts, being lawfully binding, determine a business's stakeholder relationships, pricing structures, the scope of work, rights and obligations, timelines for projects, warranty provisions, etc.
Given how important contracts are, effective contract management can dramatically enhance the performance of the organizations. Likewise, if your contract management is unstructured, it will lead your business to different operational and financial risks.
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The work played by contract management is also changing. It's not just a document repository anymore; contract management involves understanding every aspect of a contract's lifecycle to extract meaningful data insights. Businesses are appealing to contract lifecycle management to drive their performance and know how to achieve their objectives better.
Benefits of Contract Management
Following are some of the considerable gains of contract management:
Aids Business Functioning
Efficient contract management will aid in simplifying how an organization functions – it structures business expectations and the mechanisms needed for their fulfillment and allows you to analyze how the organizational objectives are fulfilled. The insights from contract management can also aid in identifying revenue optimization and cost minimization areas.
Improves Functional Efficiency
Best-in-class contract management techniques involve using various software or tools that automate the contract management process. Reducing manual efforts improves business efficiency and the scope of errors. The personnel can concentrate on more strategic aspects of contract management, like evaluating contract performance, identifying areas for improvement, etc.
Improves Spend Visibility and Minimizes Maverick Spending
Contract management simplifies transactional and performance tracking by structuring an organization's engagement with its stakeholders, especially suppliers. It improves spend visibility and transparency of where exactly your money is going.
Maverick spending is a critical issue plaguing businesses, and higher spending visibility will help you curb undocumented expenditures. Contract management can help you identify higher cost savings opportunities for your organization by increasing spend visibility.
Increases Visibility of Suppliers
Suppliers form a crucial part of most businesses today as most organizations involve suppliers to provide goods/services to facilitate their performance. Contract management helps track the suppliers, assess their performance based on the criteria mentioned in the contracts, and evaluate supplier risk. Moreover, it also acts as a mechanism for building long-term, collaborative relationships with the suppliers resulting in valuable synergies.
Enforces and Improves Compliance
A contract management system that commands terms and conditions and procedures implements and enhances the level of compliance amongst the relevant stakeholders. An increase in compliance invariable helps in mitigating a large number of risks within the organization.
To ensure effective contract management, it is crucial to identify the steps of contract management, which can be employed to put a contract management system in place. The stages and cycles of contract management might differ according to the type of organizations and how they function; still, a basic framework design is possible.
Determine Business Objectives and Goals and Define Risk Appetite
Before a contract gets drafted, it is important to identify the business objectives and goals for which it is necessary. It will help set proper expectations for both parties and enable an effective evaluation of how the contract fulfilled the organization's requirements.
Also, it is crucial to understand and define the stakeholders' risk appetite to set appropriate performance expectations and minimize the probability of risk occurrence throughout the contract's lifecycle.
Draft the Contract
Once the business targets and expectations get identified, defined, and communicated correctly, the drafting process of the contract starts.
Collect all supporting information and documents required, and if the organization maintains any, take the help of updated standardized templates and adhere to all regulatory/legal and organizational requirements. Drafting a contract is critical, as any level of uncertainty might result in business losses.
Negotiate the contract with involved stakeholders
Once the contract gets drafted, the negotiation between the interested parties commences. This process considers what each party expects from the contracts concerning the pricing structure, terms and conditions, rights and obligations, warranty provisions, renewals, termination, etc. Ensure that all proposed transformations in the negotiation process are competently tracked for incorporation.
The negotiation process should preferably be conducted so that all involved parties communicate with transparency and mutual trust. An added benefit is that the organization can build long-term, collaborative relationships and leverage synergies for improved performance.
Finalize and execute the contract
Once the negotiation stage concludes and the contract is amended to incorporate appropriate changes, the contract goes out to all relevant teams for approval. The organization needs to have a proper workflow of the approval process for different types of contracts to ensure that approvals do not hinder the contract cycle. Once the contract is accepted and finalized, the execution by all appropriate stakeholders starts according to all the specifications referred to in the contract.
Manage contract obligations and audits
Contract management (CM) doesn't finish when the contract gets performed. Post-execution, it is crucial to ensure all involved stakeholders satisfy their obligations about their performance, timelines, payments, etc. Managing responsibilities allows compliance with all the contract specifications and provides that contract performance meets the business requirements.
Also, it is vital to periodically audit all contracts to measure performance and identify any risks exposure. Regular contract audits will support you in identifying and establishing risk mitigation mechanisms.
Manage contract termination and renewals
As the contract cycle arrives at its closing date, keeping track of termination or renewals is essential. Missing contract renewals can follow in significant losses about the loss of long-term relationship building and synergies, missed revenue maximization opportunities, etc. Also, it implies the organization has to execute a new process for the same contract requirement.
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