Using Contracts to Mitigate Offshore Risks

The contract, particularly the master service agreement (MSA), can be a powerful tool in mitigating offshore risks. To turn an MSA into such a tool, try these five ideas:

  1. Identify specific risks associated with the engagement.

  2. Rank the risks in order of your priorities and select the top five to ten items. Limit the list due to the cost and time involved for negotiations.

  3. Find out what risk mitigation the vendor already has in place, whether it’s sufficient, and if not, why not. You need to understand why this risk might present a problem for the vendor; otherwise the negotiations are likely to hit an impasse.

  4. Identify your preferred risk mitigation plan(s). Include steps that both parties will take ...

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