The Top 7 Contract Management Risks Your Business Should Avoid

December 18, 2024
The Top 7 Contract Management Risks Your Business Should Avoid

A risk is a part of anything big just like your business. However, not all risk leads to a great outcome. That’s why here are the top 7 contract management risks your business should avoid in order for your business to grow.

Risk comes in many fashions during the contract process. There are a lot of factors attorneys have to examine in order to completely alleviate financial and acquiescence risk for your organization. So without further ado, here are the top 7 contract management risks we hear about from customers.

1. The Review Process

It dictates the total understanding of both parties to each condition they put out for each other in regards to their partnership, which is very volatile since it’s where most of the disputes in the future arise from. If this process is tracked manually, it can lead to misunderstandings and missed obligations, increasing the risk of disputes.

2. Contract Provision Control

Legal is responsible for assessing each individual provision in a contract and how much risk each poses individually. A fix for this issue: create contract templates. With pre-approved templates in place, legal is able to quickly assess a newly generated contract to see if anything has been overwritten or changed by others in the organization. Manual tracking, often done through spreadsheets, can overlook these changes, leading to potential non-compliance and financial penalties.

3. Contract Obligations

Frequently, an agreement that you sign contains commitments, arrangements, or stipulations that – if not met – can keep you from getting installment from clients. You’ll be thankful come restoration time. Without automated alerts, manual processes can miss these critical deadlines, leading to missed payments or renewals.

4. Managing Existing Risk

Sometimes what’s best for the business can require a management amount of risk. After the contract has been approved, it’s up to your legal team to trace and consider any of the possible pitfalls they provided for through the negotiation process. Relying on manual processes can make it difficult to track ongoing risk, leaving your business vulnerable to unforeseen pitfalls.

5. Acquisitions

Pity the corporate lawyer who works for an organization interested in acquiring other companies. You see a whole new line of revenue, not to mention an existing customer base. The legal team sees a whole new slew of contracts that they had no control over during the review and negotiation process. Now it’s up to your team to review and factor any new risk involved in these existing contracts. Manual management tools can complicate this process, increasing the risk of overlooking critical contract terms.

6. Contract Amendments

Talking about renewals, your concurrences with customers can advance over some time. Each change that is made to a current contract is viewed as an alteration, and it’s up to your lawful group to decide how these affect your business from a hazard point of view. Manual tracking of these amendments can lead to errors and misinterpretations, impacting your business operations.

7. Contract Storage

Because companies are continually growing with new clients, new goods, new management, and so on, it’s essential to know where your contracts live. Gone are the days when a filing cabinet would be an adequate storage option for your organization’s most important files. Manual systems can result in misfiled or lost contracts, exposing the business to risks of non-compliance and missed obligations.

Manual contract management processes expose businesses to a myriad of risks, such as missed deadlines, compliance issues, and potential financial penalties. Transitioning to a dedicated contract lifecycle management tool can mitigate these risks, ensuring your business remains compliant and operates smoothly.

Why is Tracking and Managing Contract Expirations and Compliance Crucial for Businesses?

In today’s business landscape, failing to track contract expirations and renewals can open companies to serious risks. Many contracts, like licensing agreements, have set terms for the use of intellectual property. Operating outside these terms isn’t just a contract breach—it can lead to costly lawsuits. For licensors, missing a contract expiration can mean a significant drop in potential revenue if renewals aren't handled promptly.

Effective contract management does more than just store documents. It actively tracks contracts, providing alerts for upcoming expirations and renewals, ensuring that nothing slips through the cracks.

Ensuring Compliance

Neglecting compliance can lead to hefty regulatory fines, not to mention missed business opportunities. Rule-based contract management platforms can mitigate these risks by enforcing specific conditions as contracts move through the approval stages. This technology can also document actions automatically, simplifying compliance records.

By seamlessly logging events as they happen, businesses make compliance a built-in process rather than a burdensome task completed after so many opportunities have already passed by.

In conclusion, meticulous management of contract deadlines and compliance not only safeguards businesses from legal and financial pitfalls but also streamlines operations, ensuring every opportunity is maximized.

How Can Contract Lifecycle Management (CLM) Systems Help Manage Contract Risks?

Managing contract risks is a critical component of business operations. Contract Lifecycle Management (CLM) systems offer a robust solution to tackle these risks effectively. Here's how:

Proactive Risk Assessment and Management

CLM systems empower businesses to identify and address contract-related risks proactively. By integrating automated risk assessment processes, companies can streamline and automate risk management. This proactive approach helps prevent common issues that many organizations face, reducing vulnerability to unforeseen problems.

Streamlined Compliance and Monitoring

High-quality CLM software transcends basic storage functions. It enables tracking of contracts and provides timely alerts regarding expirations and renewals. Such features help ensure compliance by preventing issues like unauthorized expenses and ensuring adherence to legal regulations.

  • Rule-Based Systems: CLM platforms often incorporate rule-based management, ensuring that contracts satisfy specific criteria before moving forward in the approval chain. This automation simplifies compliance documentation, making it an effortless process rather than a last-minute scramble.

Minimizing Human Error

The automation capabilities of CLM systems help minimize delays and errors often caused by human involvement. Automated workflows route, nudge, and escalate tasks efficiently, reducing the risk of manual oversights and maintaining process momentum.

Insightful Reporting and Analysis

CLM tools provide executives with detailed, KPI-driven reports. These flexible reporting features allow company leaders to identify potential issues—such as unfavorable contract risk profiles—before they escalate. Armed with these insights, organizations can take informed, preemptive actions to manage risk effectively.

By leveraging advanced technology and refining processes, contract managers can unveil significant value hidden within their contractual agreements, ensuring a secure and efficient approach to contract management.

Benefits of CLM Software in Risk Assessment and Management

Contract Lifecycle Management (CLM) software plays a pivotal role in how companies handle risks associated with contracts. Through the intelligent use of CLM software, businesses gain several advantages in the realms of risk assessment and management:

  • Enhanced Data Visibility: CLM software allows organizations to access comprehensive contract data at a glance. This broad visibility helps companies identify patterns, potential risks, and bottlenecks, enabling informed decision-making.
  • Efficient Risk Monitoring: Advanced CLM solutions equipped with machine learning and artificial intelligence features enhance the efficiency of monitoring contract risks. These technologies automatically track and highlight areas that may require attention, minimizing the need for manual reviews.
  • Proactive Risk Management: While risks can't be entirely eliminated, CLM software supports proactive management by offering tools to assess and address potential issues before they escalate into major problems. Its alert systems can notify managers about deadlines or compliance issues, allowing swift action when needed.

By automating and refining many of the processes traditionally done by hand, CLM software empowers organizations to manage contract risks more effectively and with greater agility.

How Compliance Issues Affect Business Contract Management

Compliance issues in contract management can have significant consequences for a business. Non-compliance can result in hefty regulatory fines, which can impact a company's bottom line. Moreover, failing to adhere to compliance standards might close doors to new opportunities, as compliant practices often serve as a prerequisite for partnerships and expansions.

One common challenge is managing rogue spending and ensuring each contract meets necessary regulatory conditions. Implementing rule-based contract management systems can be a solution, as they streamline approval processes. These systems enforce compliance at each step, requiring contracts to satisfy certain conditions before moving forward.

In addition, these systems can automatically document actions and events. This automation saves time and reduces the burden of compliance documentation, which might otherwise become a daunting task. By maintaining records in real-time, businesses can easily demonstrate adherence to regulations, thus avoiding potential pitfalls associated with non-compliance.

To safeguard against contract-based liabilities and exposure, businesses can adopt a proactive approach by regularly conducting risk assessments of their current agreements.

Key Steps to Protect Your Business:

  1. Review Agreements Regularly: Periodically examine all existing contracts to identify potential risks and obligations that may have evolved over time.
  2. Utilize Legal Expertise: Engage with a legal professional to ensure that contract terms are comprehensive and in your favor, addressing any potential loopholes.
  3. Implement Clear Terms: Craft contracts with clear, unambiguous terms and conditions to minimize misunderstandings and disputes.
  4. Maintain Detailed Documentation: Keep meticulous records of all contract-related communications and amendments to support your position in case of any disputes.
  5. Stay Informed on Changes: Update contracts in response to any regulatory changes or shifts in business operations to ensure ongoing compliance.

By prioritizing these strategies, businesses can effectively shield themselves from unforeseen liabilities and exposures embedded within their contracts.

Technological Advancements Enhancing Contract Lifecycle Management

Modern contract lifecycle management is evolving rapidly, thanks to several technological breakthroughs. One of the most significant advancements is the integration of machine learning and artificial intelligence (AI). These technologies are transforming the way companies handle contract data by automating tedious tasks. This minimizes manual intervention, allowing businesses to quickly extract insights and make data-driven decisions.

Another vital innovation is the use of advanced analytics. With it, companies can analyze vast amounts of contract data in bulk, identifying patterns and trends that would otherwise go unnoticed. This enhanced visibility enables more strategic management of contracts and proactive risk assessment.

Finally, cloud-based platforms have become increasingly popular, providing centralized access to contract data from anywhere. This ensures seamless collaboration between teams and stakeholders, fostering better communication and faster decision-making processes.

By leveraging these technological tools, businesses can streamline their contract management processes and significantly enhance overall efficiency.

Enhancing Contract Management with CLM Software

Businesses can significantly enhance their contract management processes by utilizing Contract Lifecycle Management (CLM) software. Here's how:

  1. Data Analysis and Pattern Recognition:
    CLM software offers the capability to analyze large volumes of contract data, enabling businesses to identify patterns and trends that might otherwise go unnoticed.
  2. Leveraging Advanced Technologies:
    By integrating machine learning and artificial intelligence (AI), top-tier CLM solutions minimize the need for manual data processing. This technology automates the extraction of valuable insights from contract data, allowing teams to focus on strategic decision-making.
  3. Risk Mitigation:
    While no system can completely eliminate risks, CLM software excels in helping businesses identify, track, and manage potential contract risks. This proactive approach reduces the likelihood of contract-related issues escalating into larger problems.
  4. Operational Efficiency:
    Automating routine tasks and processes through CLM software improves overall operational efficiency. This acceleration not only speeds up the entire contract lifecycle but also frees up valuable human resources for higher-value tasks.

By adopting CLM software, companies can make their contract management more efficient, data-driven, and risk-aware.

The Perils of Ineffective Approval Workflows in Contract Management

Ineffective approval workflows in contract management can lead to numerous challenges that may affect the smooth execution of deals. One critical issue is delayed contract approvals. When contracts languish in the approval phase, the potential to close deals quickly diminishes, increasing the likelihood of missed opportunities.

This delay can be particularly damaging in cases where contract terms have expiration dates. If a contract is not approved within a specific timeframe, the terms may become void, jeopardizing the deal entirely. Imagine the frustration of nurturing a deal only to watch it dissolve simply because the paperwork wasn’t processed swiftly enough.

Moreover, lengthy approval processes also increase the risk of a deal losing momentum. The longer it takes to finalize a contract, the greater the chance stakeholders might lose interest or opt for other alternatives. In today's fast-paced market, time is often a crucial factor in decision-making.

Another issue is the "oops factor", which refers to human errors that occur during manual handling of contracts. Miscommunication or simple oversight can lead to inaccuracies, further prolonging the process or even compromising the integrity of the contract.

To mitigate these problems, implementing an automated system that manages the approval workflow is essential. Automated systems can streamline the process by ensuring timely notifications, routing contracts efficiently for review, and escalating issues as appropriate, all while minimizing human error. This not only speeds up the process but also preserves the integrity and intent of the contract, ensuring that every deal is given its best chance to succeed.

Why is Lackluster Reporting a Risk in Contract Management?

Inadequate reporting in contract management poses significant risks due to its inability to transform raw data into meaningful insights.

While basic repository management tools store contracts, they often fall short in providing the analytics needed to draw actionable conclusions. This gap means that executives may miss critical performance indicators, leaving potential risks or undesirable contract terms hidden until they escalate into larger issues.

In contrast, robust contract lifecycle management (CLM) solutions offer dynamic reporting features. These tools empower leaders with comprehensive, KPI-driven reports tailored to their business needs. Such capabilities enable decision-makers to proactively spot and address issues—like unfavorable risk profiles in contracts—before they spiral out of control.

Ultimately, without insightful reporting, organizations are navigating blindfolded, potentially steering into costly and avoidable disasters.

The Risks of Excessive Access to Contract Information

When too many individuals have access to sensitive contract information, it creates a fertile ground for potential security breaches. Employees with no direct need for certain data may misuse it, intentionally or inadvertently. The threat of insider fraud increases, as does the risk of valuable trade secrets being compromised.

Contract details require careful handling, and not every employee should have carte blanche access. Different roles within an organization naturally require different access levels. For example, while a legal team needs comprehensive access to contracts, a marketing team might only require a summary or specific aspects.

Implementing Multi-layered Access Controls:

  1. Role-based access: Tailor access based on job functions. This ensures that only employees who need specific information for their roles have it.
  2. Departmental segregation: Recognize that not all departments require the same level of access. Customizing access according to departments can significantly reduce the risk.
  3. Regular audits: Conduct frequent reviews of who has access to what. Auditing trail access logs can help pinpoint irregular access patterns and tighten security measures.

By compartmentalizing access and implementing these strategies, organizations can protect sensitive information and reduce potential liabilities associated with excessive access permissions.

Our latest news