What Is Contracting? Meaning, Process and Step-by-Step Guide

Krishnapriya Agarwal
By 
Krishnapriya Agarwal
May 5, 2023
7 min. read
Krishnapriya Agarwal is an Ex-Content Marketing leader at SpotDraft and an experienced marketing professional with a strong background in digital marketing, content strategy, and team management. She has led content teams and driven SEO-focused initiatives to support business growth.
What Is Contracting? Meaning, Process and Step-by-Step Guide

TL;DR

  • Contracting is the process an organization follows to select a vendor and formalize an agreement with clear, legally binding terms.
  • Contract management is broader, covering the full lifecycle from drafting through renewal or termination.
  • The core steps are drafting, negotiation, execution, performance monitoring and renewal or termination.
  • Poor contract management costs organizations an average of 9.2 percent of annual revenue due to inefficiency and lack of visibility.
  • Automating the process with a CLM reduces risk, speeds up cycle times and gives teams the visibility manual processes can't.

Poor contract management costs organizations an average of 9.2 percent of annual revenue, largely from inefficient processes, poor visibility and weak communication between parties. Understanding what contracting actually involves is the first step to fixing that.

What does contracting mean?

Contracting is the process an organization follows to select a contractor or vendor for a project or service and formalize the terms of that engagement in a legally binding agreement. It ensures the company selects a qualified vendor and that the resulting terms are clear and mutually beneficial, reducing the risk that comes with outsourcing work.

Contract management is the broader, end-to-end process that surrounds contracting. It covers pre-execution activities like drafting and due diligence, execution itself, and post-execution work like tracking obligations, handling renewals and resolving disputes.

Why a strong contracting process matters

Risk mitigation. Catching potential issues early reduces the odds of costly disputes down the line. See our guide to contract risk management for a deeper look.

Operational efficiency. Streamlined creation, review and storage frees teams to focus on strategic work instead of admin.

Data-driven decisions. Contract data gives legal teams the metrics to show how they contribute to revenue, which matters when making a business case to leadership.

Stronger relationships. Clear terms build trust and reduce friction between all parties involved.

The 5 steps of the contracting process

1. Drafting the contract. Identify all parties, define scope, spell out obligations, cover key clauses like confidentiality and indemnity, and decide how disputes will be resolved. Pre-approved contract templates speed this up significantly, and tools like VerifAI can flag risks during redlining without a manual line-by-line review.

2. Negotiating the contract. Preparation matters more than the conversation itself. Know your priorities, understand the other party's interests and identify which terms are actually negotiable. See our guide on the most negotiated terms and clauses for where to focus.

3. Executing the contract. Review and finalize terms, confirm every party signs the same version, and communicate the terms to anyone affected once signed. Our contract signing guide covers this step in more detail.

4. Contract performance and compliance. Track whether all parties are meeting their obligations, and address issues as they surface rather than waiting for a renewal date to force the conversation. See what contract compliance means and our contract monitoring best practices for a practical framework.

5. Renewal or termination. Evaluate whether the contract still serves its purpose, decide on any changes needed and notify the other party of your intent well before the deadline. Our contract renewal process guide walks through this in detail.

Common challenges in contract management

  • Limited visibility into contract details, leading to missed deadlines
  • Difficulty resolving disputes without a clear process in place
  • Inadequate procedures for evaluating renewal or termination
  • Poor communication between negotiating parties
  • Insufficient staffing or resources for the volume of contracts in play

How to overcome these challenges

Standardize and centralize contract management in one system so every stakeholder works from the same source of truth. Set up automated alerts for expiry and renewal dates instead of relying on someone to remember. And consider a contract lifecycle management platform that brings drafting, workflow automation and analytics together, so contracting stops being a bottleneck.

Open, a neobanking platform, migrated all its contract data with SpotDraft in under two weeks. You can read how they did it or see the same approach applied to your own contract workflow.

Working from a repeatable playbook

Once your team has been through this process a few times, it's worth turning your standard positions into a contract playbook so sales and procurement can move faster without waiting on legal for every routine request. Combine that with a drafting checklist and your contracting process becomes repeatable instead of reinvented every time.

SpotDraft is built to automate every stage of this process, from drafting to renewal. Request a demo to see it in action.

Frequently Asked Questions

What is the goal of the contracting process?

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What's the difference between contracting and contract management?

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How long should the contracting process take?

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What causes most contracting delays?

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