12/20/2022
What’s the best thing to do if the obligations of a trade are not met?
Of course, this is something we’re trying to avoid, but when worst comes to worst and a trade doesn’t go as planned, a contract with clear expectations is PRICELESS.
WHY?
You must ensure that you have a clear guideline on how to handle these what-ifs.
It’s not superstition, but fact — the more proactive you are, the less what-ifs… and the less disruptive the what-if are when they happen.Here’s an example clause you could use to set a completion date for your trade (think of this as the safety net if milestones or other expectations are not met):
“In the event that any party doesn’t deliver the product or services as specified in this agreement by [blank] date, such party must either (1) fulfill their obligations to the other party within 7 days or (2) provide proportion monetary compensation to the other party in the amount equal to the loss within 3 days.”
This demonstrates the importance of establishing (and documenting) monetary values (and a means to calculate it based on percent completion).
So, if you’re trading services, ensure there's an hourly rate or a project rate with different milestones that allows you to break it down and track your time and progress.
But, if you’re trading goods, there should be a set quantity of tangible goods based on an agreed-upon unit price.