Match the other party’s contract against industry (or your) standards, and software that may assist

In the battle of the forms, a weapon I had not heard about is new software that says it can show where the other side’s contract differs from yours. Its creator, a company called kiiac, claims to help: “Where your task is not preparing the initial contract, but rather reviewing a document prepared by another, use kiiac’s unique capability to create a Reference Standard (based on a market standard or your firm’s best practices) to efficiently review contracts.”

It sounds as if the software identifies portions of text favorable to you that are missing in the contract under review and text that varies materially and adversely from the standard terms and conditions you want included. This resource came to my attention from Law Tech. News, April 2010 at 24.

If the software does what it claims, it could be a powerful and useful tool for a law department that wants to quickly figure out how the other side’s contract terms differ from its own terms.

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