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Large-scale survey lists 30 contract terms most frequently negotiated

Out of 30 contract terms most frequently negotiated, the top five in 2008 were (1) limitations of liability, (2) indemnification, (3) “price/charge/price changes,” (4) intellectual property, and (5) confidential information/data protection. These results come from a survey conducted by the International Association for Contract & Commercial Management (IACCM) that collected responses from almost 1,000 member organizations.

This kind of empirical research helps a legal department focus its knowledge management efforts – pay particular attention to the terms that are most often negotiated, train everyone, keep alternative language in a database, invest in document management – to be sure lawyers and paralegals who draft and revise contracts know the latest positions, text, and negotiation tips.

The other 25 terms can be found in the Int’l In-House Counsel J., Vol 2, Autumn 2009 at 1379.

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One response to “Large-scale survey lists 30 contract terms most frequently negotiated”

  1. Tim Cummins says:

    Rees, thanks for highlighting our annual report and the way it is being used by in-house Legal teams. For anyone interested, we are currently collecting data for our 2010 study and it can be accessed at All participants receive a copy of the final report and results.