Years ago the comedian George Carlin got into some serious trouble with a routine
of his called "Seven Words You Can’t Say On TV." Well, here are six words
you’d better avoid in your proposals.
1. Best Efforts. Courts
have interpreted "best efforts" to impose a very strict legal obligation, one
that goes well beyond a company’s normal duty to a client.
Alternative: "Reasonable
efforts."
2. Ensure. This word may
create a binding legal obligation that a client can enforce in court. This word can be
particularly dangerous in a T&M project, since it may imply that you are committing to
a fixed-price/fixed-time obligation.
Alternatives: "Will assist
in" or "will use reasonable efforts to."
3. Guarantee. Using this
word essentially amounts to a warranty, and you could be held accountable for it.
Alternative: See No. 2.
4. Partner/Partnership. The
word "partnership" is a legal term meaning, among other things, a relationship
in which two parties are liable for each other’s acts, omissions and debts.
Alternatives: "Ally,"
"alliance," or "relationship."
5. Will meet your
needs/requirements. A client’s requirements change during the course of a
project. For this reason, you should avoid promising that you will meet the client’s
needs. Courts have held companies liable based on just such promises.
Alternative: "Our approach
addresses your requirements." Then go on to show how it does.
6. Joint/Jointly. These
terms may legally imply that a deliverable is a "joint" work under law, meaning
ownership is shared by both parties.
Alternative:
"Cooperative" effort, or "cooperatively."
