We have all seen onerous and unfair language in contracts, waivers, releases, invoices, disclaimers, disclosures, notices. Sometimes it is in the dreaded “fine print.” Sometimes it is in large bolded, underlined print. When one party challenges such language, we often hear the response: This is “industry standard.”

Don’t agree to proposed language based on an opposing party’s assertion that it is standard or typical language.

A vendor or contractor may claim that their contract is “industry standard”. Instead of negotiating what is or is not “industry standard,” focus on the nature and scope of the services, the contract price, the risk involved and the parties’ ability to control/manage risk. These issues are far more meaningful than whether or not a term is “industry standard.”      Read the article…………

Editor

Recent Posts

Electric Vehicles – Still an Unsolved Issue

In 2011 I wrote an article for Common Ground, the national magazine for the Community…

1 hour ago

Managing Cashflow for Community Associations

The highest use of a community association manager is as an experienced, certified professional who…

2 hours ago

1 dead, another injured in condo fire near UNLV (NV)

One person died and a second person was injured in a fire early Monday on…

2 hours ago

Family jumps from second-story in St. Peters condo fire (FL)

Two adults and two children were transported to the hospital with smoke-inhalation injuries, according to…

2 hours ago