Test Yourself: Five Questions about Contract Management

Well-managed contract base is like a good set of tools, easily available when you need them.

After the refreshing summer break, the month of August feels like a new beginning. The batteries are fully charged and our mind is open to new ideas. As we return to work, many of us are cleaning ours desks, going through the mountain of emails in our inboxes constantly dreading to find out what we have missed and preparing to-do sheets for the month ahead. The same as ever!

But this time let’s begin things a bit differently, I have a suggestion for you – add one more item to your task list (before you fret, hear me out) take a quick test on your organization’s contract management status. It is rather easy; ask yourself and your colleagues these five simple questions:

1. Do we have all the necessary contract information we need in our day to day operations, easily available for both our business units and administration team?

Think about it! Wouldn’t it be wonderful that every time you need to review a contract you or someone else in your office doesn’t need to go through pile after pile of folders or sift through the never ending digital paper trail in your company’s Dropbox, finally reaching you after an hour only to be missing critical review points which are on e-mail? Worst of all this contract will more often than not get lost again once you are done with it. We call this the ‘bad circle’ of contract information. So ask yourself and your colleagues is your company still stuck in this ‘bad circle of contract information’?

2. When we face an audit/Due Diligence, how many resources do we end up allocating in order for the exercise to go off smoothly?

For all of us managers out there, ‘Audit days’ are often the most stressful in the year. Often it is a week-long labor intensive process (sometimes even more) which affects not only our work flow but also puts a strain on our personal lives. In case your company falls into the above mentioned category collecting all the information for a due diligence process is undoubtedly one of your worst nightmares as the entire workspace is high jacked in order to complete this one process. As a result the productivity of the company falls dramatically.

3. Have we forgotten way too many important dates lately?

Unless you have a photogenic memory, it’s difficult to remember all the important dates of the contracts you have signed or have worked upon previously. Sure, we have our task managers and other such applications to take care of such dates but they are limited by our own actions. My personal view on this is that it’s not only the important contracts we need to worry about but often the seemingly inconsequential contracts that can end up causing us a big financial loss and embarrassment.

4. Have we recently faced an embarrassing proposition of asking the other contract party to send us the copy of our mutual agreement?

If you have faced this awkward situation more than once than your company quiet literally is playing with fire. Asking fellow parties for a copy of your mutual agreements is not only a very risky proposition but also sets a terrible impression of the company with your partners. It is not wise for any company to be in this space!

5. In the event, when an employee leaves our organization how do we cope with re-allocating the contract related responsibilities that she/he had been handling?

Sadly, a common occurrence in companies worldwide, the more networked an ex employee is within the company’s contract jungle the more distressed his predecessor and fellow colleagues are going to be when covering his seemingly never ending paper trail. All successful organizations have invested considerable amount of money in developing systems to decrypt the company paper trail from the influence of ex employees. Documenting responsibilities and roles of all employees (including past employees) and timely informing them to all stakeholders is the hallmark of good corporate governance.

Did you feel a bit stressed while answering these questions? If you answered ‘yes’ to any of these questions, it’s recommended that you carefully study the contract situation in your organization. In case you answered ‘yes’ to more than one question then, my friend, ‘the shit has hit the fan’ and you probably need to rejig your contract management soon. Finally, if you answered ‘No’ to all the above questions then ‘kudos’ to you and your organization for having a firm grip on your contract situation (you are a rare breed).

Well-managed contract base and easily available contract information not only protects your organization against unwarranted risks but also frees up your time so that you can spend time on activities that really matter instead of collecting documents or stressing over lost information and opportunities. But perhaps the biggest benefit is your improved productivity or ‘personal ROI’.

We at Sopima can help you put your contracts and work life back in order. Try Sopima and bring your contracts to life!

The Game Industry is Doing Well – Also in Contract Management

We wish you a very relaxing summer season! Mind your contracts!

Recently, we had a successful Sopima Summer Launch ’11 event together with our customers and business partners. At the event, one of our top customers, Mr. Jukka Ilveskoski, Legal Counsel of an American-Finnish gaming company Digital Chocolate, shared his unique perspective on contract management with the audience. Digital Chocolate is doing well not just in the game industry – but also in contract management.

In the beginning of the speech he told us why contract management is so vital to their (Digital Chocolate) operations:

“Contracts should never be signed and then forgotten in the drawers and inboxes. Access to the contract data must be guaranteed to those to whom it concerns – and the continuity has to be guaranteed as well, regardless of the changes in personnel.”

‘Access & Continuity’ both are critical factors for an organization and feature extensively in the risk management strategy of organizations worldwide. He further illustrated his thoughts on the subject by sharing a refreshing analogy from the gaming industry. According to him, contracts actually define the product, just like a software license defines software in order for it to be termed as a product. An excellent point indeed, it is important for businesses to have a firm grip over information which binds them with their stakeholders.

The memory is short and people come and go

Continuing the discussion, Jukka Ilveskoski explained that “contract issues cannot be based only on the memory of the sales person or an attorney” as “the memory is short, and people come and go.”

Wise words from a man who knows about the contracting industry in and out.  Although it may sound obvious to most of us but in reality these things are often overlooked in organizations of all sizes. Easily accessible contract information is worth much more than the sum of its parts, especially if the contract information is required by not just the legal professionals but also by other business managers in their day to day work.

To answer the question, “Why Contract Management is essential in their sector”. Jukka raised the following key points:

  • Funding rounds / Due Diligence process – you’ll face these sooner or later.
  • Besides, a prudently managed contract base saves time, money and reduces stress. So why not just do it?
  • Easily available company documentation has a positive effect on the price/valuation. The missing contracts or information in them could make or break a deal. What seemed to be a harmless partner contract might just come and bite the company in all the wrong places.

During our interactions with our other customers we chanced upon a startling fact: Contracts stress the hell out of ordinary business people. They don’t understand them and they certainly don’t like them, but still have to use them. I think we at Sopima realized this quiet early and have since then worked tirelessly to create a solution which makes managing contracts easy, quick, and above all stress free!

We part with you for the summer with this interesting fact ‘A well-managed contract base raises the value of the company and has a positive effect on your organization’s bottom line.’

Thank you for this blog season! We’ll continue with contract management related posts in Sopima blog in August.

We wish you a very relaxing summer season!

What Should Contract Management Learn from Facebook?

Jaan Apajalahti pitching at the Microsoft Investor Summit: the cost of mismanaged contracts is $153 billion annually

It’s a well-known fact that contracts are pretty hard to handle. Do you know anyone who has never had problems or issues with contracts? An Aberdeen Research article from a couple years back of states that mismanaged contracts cost businesses $153 billion annually.

Ineffective contract management results in overcharges, performance glitches, missed savings opportunities, dissatisfied customers, and unprofitable and risky business relationships.

Why is this so difficult? Most of these issues are due to the fact that contracts are mystified and they are often kept hidden, even from the persons that should use them in daily business.

A common scenario is like this: You have to remember to separately check the contents of each contract. You have to find the contract, read the contents, understand it and react accordingly. And if you have more than a couple of contracts, this can get really cumbersome. That’s why we usually do the check too late, after something has already gone wrong. Sounds familiar?

Let us make an unexpected comparison to Facebook

How did we keep up with our friends around the world before Facebook? We had to remember to call them each separately. What did Facebook change in that? Now you just tell how you are doing on Facebook, and your friends can follow up on your activities and this makes communication is much easier.

If you are responsible for contracts or there are contracts that are relevant to you somehow, wouldn’t it be great if you would have a single place where you can follow up on them? And if a contract needed attention, changes or comment you would get notified automatically, like following your friends in Facebook.

What else could contract management learn from Facebook? I believe that contracts could easily be made more understandable if they had a profile, similar to your personal profile. The profile would enable the contract to be found and followed up.

Simplify and demystify

Most contracts contain several similar clauses, like parties, validity, responsible persons, and related assets. These clauses might be written differently or they might be in different order, but the same stuff is in there.

By identifying the common elements in a contract type, you can make those contracts much easier to understand. That way you can profile the key information in contracts, get alerted on important dates, and get reporting on business data etc. This alone makes contracts much easier to understand and simpler to control.

My claim is that there shouldn’t be anything mysterious or secret about contracts within your business environment. You should enable contracts to be understood through simple profiling, and make them proactively available to the relevant people.

Contract management done right and easy can give your company great benefits. Research by IACCM shows up to 15 % improvements on bottom line results.

This is possible already today.

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