Contract termination should involve rigorous financial analysis, contract performance data analytics, and the creation of a notice of termination to avoid a breach of contract. Unfortunately, contract termination involves tight deadlines and specific terms of the contract required to terminate a contract. Organizations need a strategy to identify contracts not meeting contract KPIs, write notices of contract termination, and secure proper contract closeout.
This article will show you how to implement this strategy readily with the help of contract management software.
Contract termination involves ending an active contract before it is entirely performed per both parties' agreed-upon terms and conditions. If a written agreement is terminated before parties perform obligations, the requirement to fulfill these obligations becomes void. Termination of contracts must be completed with care and mutual agreement to avoid missed obligations, lawsuits, and other harmful consequences.
There are several types of termination, including termination for convenience, impossibility of performance, termination for default, and several other reasons to decide to terminate. There does not necessarily need to be a breaching party to justify termination or cancellation of a contract and the establishment of a termination date. It all depends on the terms of any specific contract, so don't apply a one-size-fits-all mentality to this process.
Organizations need tools to:
Steps must be taken to foster a contract termination process that gleans valuable insight into process improvement. As such, here's a three-step guide for streamlined contract termination with a leading contract management solution.
Teams can identify contracts that fail to meet contract KPIs with several intelligent contract management software tools.
Utilities to compare contract performance data against previous years can equip organizations with beneficial contract analytics insights. Contract performance data solutions can offer visually engaging tools for these purposes.
For example, an executive graphical dashboard focused on contract KPIs could present contract performance compared to the previous year's. Organizations could view the contract and budget amounts of the current year against those of last year.
Additionally, you can easily display metrics such as:
Furthermore, one can easily determine how diverse an organization's contract portfolio is at a glance. Organizations can display contracts by type, department, and status to analyze this contract portfolio diversity.
Organizations can track missed payment and delivery milestones against contract terms and conditions. Automated contract workflow updates can alert users if payments and deliverables fail to be met by their set date.
Additionally, advanced contract management software can allow users to track contract risk. For example, say an organization isn't receiving payment on time according to a contract's terms and conditions. They can track that contract's lifecycle process to determine payments that were missed and deliverables not performed on time. Additionally, they can see where things went wrong.
From there, they can leverage a contract management risk and opportunity assessment tool to track insights. Such insights include revenue loss exposure, reputation exposure, confidentiality exposure, and more. A risk assessment matrix can be provided based upon the risk information provided, which can display that information at a glance. Furthermore, notes and comments can be made to keep contract lifecycle management and risk insights in one centralized location.
Organizations can follow a standard document writing process to write contract termination notices for contracts set to be ended. Please read our article on contract authoring to learn how to establish a contract writing process for your legal document.
Organizations can leverage termination templates within their contract management software system's template library. They can use contract data field placeholders to pull key information into a contract termination letter. A dynamic clause library can help organizations pull in contract termination clauses (such as those detailing early termination fees). Furthermore, auto-redline functionality allows users to automate the inclusion of preferred language.
Users can also email a contract termination letter within a software system or as a templated email. As such, organizations don't need to waste time meeting contractual obligations that may:
distract them from more beneficial contracts.
At contract termination, contract management software can help organizations facilitate proper contract closeout. All the while, they can gain valuable insights to support the health of future contracts. Organizations can manage spending and stay within budget limits before contract closeout to avoid penalties. Additionally, organizations can determine the contract's remaining budget after contract rescission.
Financial tracking tools can also be used for tracking transaction history. Debit and credit card sums can be provided. Organizations can also track how many credits were incurred and how many debits were expensed. They can view:
These financials can be exported to a spreadsheet format for future analysis and calculation with advanced contract management software. On the flip side, financials can be bulk imported using a structured spreadsheet file. Organizations can leverage spreadsheet imports with contract management software to simplify the analysis.
Things don't always work out as planned. This truth applies to contracts as well. Perhaps an organization is dissatisfied with the way contract obligations are being met (or are not being met). Maybe they no longer need the products or services of a counterparty.
In any case, a notice of contract cancellation makes it very clear to everyone involved that a contract has been ended. However, contract cancellation should not entail a notice of termination alone.
It's time to enlist the help of CobbleStone's Contract Insight® for comprehensive management of contracts, including for termination.
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This blog post was updated on June 26, 2024. Its original publication was in May 2020.
Legal Disclaimer: This article is not legal advice. The content of this article is for general informational and educational purposes only. The information on this website may not present the most up-to-date legal information. Readers should contact their attorney for legal advice regarding any particular legal matter.