I just started to think in terms of the not-so-big occurences that while
they do not nessecitate the "loosing of the company's collective shirts,"
stand as situations that are very real and probably more common than we
know.

What about a situation where your company has established an entitiy &
formed a limited partnership with another company. In the contractual
documentation is a clause for the disbandment of the LLC based on a lack of
the partner's performance as specified. Although it becomes apparent to
those from your company auditing the LLC that the other party has failed in
the past to perform as agreed, no where can you locate the notes, email, or
other correspondence documenting this. And the original team members have
all moved on - you may or may not know where they are.

How about making an assumption that you have an NDA (non-disclosure
agreement) in place with a key vendor and then the discovery that a) you do
not b) it was never executed or c) a hand-shake is just as good. There is no
contract in place either.

What about a situation where the work has already been performed with no
contract in place and no agreed upon delivery price or timetable? What tools
do you have in place for your contracts management?

These are some pretty basic scenarios. I also like the visual conjured up by
an engineering team that has been left to their own devices. Never assemble
a group of engineers and give them access to plumbing fixtures that are
decommissioned. Toilets and toilet tanks make for good storage of rolled
drawings!


Sharon Burnett
Seattle Washington USA

"Hey, I'm not a lawyer and I do not play one on TV. The opinions herein
expressed are mine and mine alone. Do not forward or cross post this message
without my express permission."

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