When Standard Form Contracts Are Non-Standard

The world of the contract lawyer should never be immune from the press for efficiency; the reliable, predictable and confidently reproducible contract in standard form is the one-size solution to fit most client needs.  After all, there is no need to re-invent the wheel when it rolls smoothly ... just be certain that you are working with the standard form, and not the customized version.

We generally recommend that our clients employ standard forms of agreement, either bespoke documents crafted for their specific needs or industry-generated documents that are recognized to be balanced in their obligations and used widely enough to be consistently interpreted.  That said, we are frequently engaged to tailor even these off-the-rack terms and conditions, normally to better fit the work but sometimes just to suit the client.  The impact can be negligible or can turn the agreement on its head.  In either case, recognizing what has changed is critical.