This is an article I wrote published in June 2011 in the webzine “CEO Refresher”. This article, Legal Issues in Consulting, Licensing, Subcontracting and Software Development, is intended to offer the consultant or entrepreneur tips on what you should be looking for in your contracts and what makes a good contract.
As stated in the introduction at CEO Refresher: “The contracts discussed in this article are important in early stage business. They need to be prepared carefully so that the entrepreneur or consultant has a clear understanding of her or her contractual responsibilities. The contracts also need to provide a degree of protection to the entrepreneur and consultant so that unnecessary risks and liabilities are avoided. Without care, bad contracts can sink a business.”
Beyond general suggestions on contracting the article discusses the following:
- Terms to include in consulting agreements
- Contract and tax issues in structuring compensation
- Protections to include in contracts for the subcontractor relationship
- Terms to include in software development contracts
- How to negotiate VAR and distribution agreements
- Terms to include in licensing products and technology?
If you are an entrepreneur or consultant and contemplate or are engaged in negotiation of one of these contracts and you have questions or need assistance, please let me know.