Glossary

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The Definitions in this Glossary are all my own wording, not taken from any other source. All capitalised words on Blaze Professional Learning have the meanings used in this Glossary.

I felt this was important to use my own Definitions, because I disagree with many of the ways that Contracting terms are characterised and conceptualised. Many concepts are mixed up or unclear, and this results in confusion for Non-Lawyers and for Contracts Professionals when dealing with the domain that used to be solely "owned" by Lawyers.

In developing The 7 Pillars of Contracting, I wanted to find a way to explain in simple terms how Contracts work and how the Contracting process and the Contracts Lifecycle is structured. I hope you find this Glossary useful.

Rachelle Hare - Blaze Professional Learning

Boilerplate Clauses in a Contract are those clauses that are generally used in every Contract, regardless of its type. Examples are the Interpretation section at the front of the Contract, and the General Clauses at the end of the Contract (including provisions such as Notices, Governing Law, No Waiver, Assignment, Variations to the Contract, and so on). Lawyers often copy boilerplate clauses from Contract to Contract, and this can catch them out if they don't take the time to read the boilerplates and make sure they apply to the relevant Contract and Project. Read more about boilerplate clauses in this post.
A Contract forms the foundation of legal agreements and provides a framework for the parties to record their agreement. Read about the Basics of Contracts in this post.
Contract Drafting is the process of creating a legally binding written Contract (or other legal document) between the parties to a transaction. By drafting, negotiating, and executing a Contract, the parties deliberately place formalities around their agreement to protect each party better and establish their rights and obligations as well as the terms and conditions of their agreement. Contract Drafting can be carried out by Contracts Lawyers or experienced Contracts Professionals who have a precedent or template to work from. See our post on What is Contract Drafting.
Contract Management is the process of managing contracts from execution, through renewal, to termination or expiry. It involves tasks such as monitoring, contract review, performance review, ensuring compliance, analysis, and reporting, and it aims to ensure that both parties meet their obligations under the contract, risks are managed, and opportunities for optimisation or relationship improvement are identified. Effective Contract Management is critical for organisations to achieve their strategic goals and objectives.
Contract Planning refers to the process of preparing to draft a Contract that supports the organisation’s goals and objectives. It involves the Contracts Professional and their Lawyer identifying the needs and goals of their organisation, identifying the preferable form of Contract, determining the appropriate risk allocation for the Contract, gathering relevant information, and getting ready to draft the Contract. Check out our post on What is Contract Planning? and our Contract Planning Guide 2023 (for Non-Lawyers) for more information.
Government Organisation includes a government agency, a government owned corporation, a government department, a Council, and any other body that is established by legislation or by another Government Organisation. In particular, Government Organisations usually have to comply with more rigorous rules and procedures around probity, procurement and tendering.

Purchase Order Forms are 1- or 2-page documents issued by the Buyer, which describe goods or services to be purchased, quantity, price, delivery date, and other applicable requirements. These Forms plus their Terms & Conditions make up a Purchase Order – an important part of the Procurement and Purchasing process for small businesses through to large government organisations. Learn how to optimise your Purchase Order Form here.
RFx is an acronym used to designate any of the types of Procurement that involve going out to the market. The acronym comes from "Request for", with x being a commonly-used variable. So, Request for Tender, Request for Quotation, and Request for Information would all be caught if the acronym "RFx" was used.
The 7 Pillars of Contracting is a new way of conceptualising commercial Contracting, as it applies to both Contracts Lawyers and Contracts Professionals. Under this concept, Contracting is categorised into seven different phases: Contract Planning, Contract Drafting, Contract Review, Contract Negotiation, Contract Management, Contract Disputes and Contracting Strategy. By learning about, and improving your skills in each of these areas, you will become a true expert in Contracting, whether you are a Lawyer or a Contracts Professional.