Contracts are written with an intent in mind

The best contracts, in the opionion of Hermetica, are those which clearly set out an intent. These are often written by commercially oriented individuals who have a clear view of what they want to achieve - the lawyers are used to ensure that the intent is reflected in proper legal language. Hermetica has written a number of quite significant contracts. It has also rewrittern purchasing terms and conditions and associated contracts on this basis. The most significant of these was the adjacent outsourcing deal. This involved different countries, a sensitive topic, and extensive terms to cover most eventualities. The claim referred to was interesting - despite losing money in the country involved, it was settled amicably..

The paper chase

Hermetica believes that if a claim escalates to a dispute, the contract has failed. More often than not a combination of unclear contract and the dreaded "paper chase" - all the correspondence which could negate or confuse the agreement - means that actual responsibility is often difficult to assign, let alone claim against. Hermetica has a lot of experience of digging out information for such purposes.

Sometimes the relationship is more important

Disputes often wreck a relationship and any chance of mutual help in the future. It is important to analyse how important the longer term relationship is, and find alternative solutions, if at all possible (see Supply Chain Risk and Non-Conformity)