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学术翻译

The Role of Contract Manager

发布时间:2021/7/18 8:45:35 浏览次数:0

Introduction

As a main subject of the market economy, enterprises are bound to sign various partnerships with other economic entities constantly. The contract is the concrete manifests of the process and results of such exchanges. Contract management process is penetrated in an enterprise's entire production and operation all the time, which is an important component of the enterprise management. The design of a contract management system has a crucial role in managing an enterprise. A scientifically designed contract management system with strict programs not only can significantly improve the efficiency of enterprise performance of the contract, but also best guard against the risks. It is contract manager who are responsible for such contract management issues. However, many people still seem puzzled by the role of a contract manager in contract negotiation. This article is going to discuss it around potential dispute, liability of each party, resolution of contract breaches, financial considerations and the perceived advantages of CISG membership. Also, some recommendations are going to be presented.


Potential Dispute

What is a contract?  Mobley (2001) argued that, “A contract is an agreement between at least two parties to a matter. The important aspect is that the agreement is to the same thing.” Follow the rule will be appreciated. 


Causes of the disputes

It is no doubt that any of the parties are unwilling to face a dispute. Unfortunately, contributes to the poor awareness of the law, the legal representatives or responsible persons of some enterprises are not familiar with the general provisions of contract law, and contract management are seldom involved in their business operation. Furthermore, if an enterprise is under any one of the conditions below, disputes will arise.


Nonstandard contract and unknown stipulations

Because there is no detailed description of the terms, the agreement of the rights and obligations of both parties are not balanced and uniform, the legitimate rights and interests could not be fully protected. What’s more, in order to evade obligations, some contract makers do not use some homemade and nonstandard text when making a contract. They consider this to be a way to transfer risks. Some even use oral commission or the government order to issue tasks, and sign the contract after the completion of works. Such contracts cannot play any constraint roles, but easily lead to disputes.


Monitoring system for performance of the contract is not perfect

Some companies do not pay attention to the construction of contract management system, and finally lack of effective supervision and control. In these companies, contract level-to-level administration and authorization management mechanism are not well organized. Besides, contract management procedures are not clear and lack of necessary review and assessment steps. As a result, most of the systems are not thoroughly implemented.


As far as the author concerned, the lack of regulation power leads to many problems. Some companies do not investigate the opposite side's credit situation before signing the contract, so it is easy for them to fall into the contract scam. Some even blindly believe in verbal commitment, once the contract is broken, disputes will come into being. In addition, the both sides do not take their obligations under the contract seriously sometimes. They randomly revise the contract or do against the contract agreements. This is also an important factor causing the dispute.


The role of contract manager in dealing with disputes

As stated above, potential disputes exist in enterprises without strict contract management system, and one of the duties of the contract manager is to settle this issue.


The contract manager’s specific job is complicated. First of all, in the area of risk prevention, they should review the documents handed by salesmen to make sure that it is qualified, and then review control of risks and costs involved in a certain contract. In addition, in the implementation of the contract, the contract managers select and train contract execution officer, and then monitor their work. They are also responsible for the establishment and improvement of contract management system, and meanwhile assist various business departments in managing problems encountered in the implementation of the contract.


Yet there still exist disputes contract managers need to face. For example, contract negotiations can actually be divided into two parts: one is to get the consensus of internal, and the other is to persuade vendors. There two parts are going on in return, thus be easy to spend a lot of time. Then the upper section may compliant that the work is a waste of time and has been done badly. Besides, the materials provided by the managers may claim to be unsatisfactory. In turn, a contract manager may think his contract has been disturbed by the upper section or others. To solve this, the contract managers should prepare qualified materials and services as the Sale and Supply of Goods Act 1994 required.


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