Friday, March 09, 2007

Mitigating financial risk in contracts


Every technology contract carries with it a degree of financial risk. For example, the customer may become insolvent and unable to pay the contract fees; the service provider may cease to carry on business; or either party may have insufficient funds to support an indemnity.

Some of the key contractual mechanisms used to address financial risks of this type include:

* bank guarantees
* performance guarantees
* insurance
* milestone payments
* liquidated damages
* limitation of liability provisions.

This article provides a brief overview of the principles underpinning these concepts.

See full Article.