Managing to Standard
In the dog world, each breed has a ‘standard’. It is used to judge show dogs and identify those closest to looking like and acting like the approved standards for that particular breed. It allows many to understand how a certain breed should act and look, the ideal comparison.
In the business world, you will often encounter ‘standard’ documents. When you open a bank line of credit or equipment loan or mortgage loan, the bank will likely present you with a standard document to execute. It is usually designed to transcend any general situation you may encounter in the life of the loan. It may be created to confirm with a certain state, where the bank was originally incorporated. Terms are usually ‘standard’, meaning they apply to everyone and are not negotiated each and every time. This is very prevalent in small business. There just is not enough time to negotiate custom legal documents for each client,
So, when you are presented with standard documents by a project manager using standard architecture agreements created by the AIA or documents created by any specific industry association, what should you do? First, read them. Regardless of length, read them.. If there are terms you do not understand or agree with, gain clarity by a discussion with the firm who sent them to you. That will usually alleviate most questions.
Remember that involving attorneys to negotiate standard documents to custom documents can be expensive and often may not get the desired outcome you seek. Organizations use established standard documents because they are efficient and have usually been embraced for years. It has been my experience that attempting to alter standard documents is a pricey and time consuming effort. Simple changes can always be discussed but changing the state that oversees the controlling document is normally not such an easy change. Amending insurance amounts that are required is a more acceptable change to request as sometimes project requirements here simply cannot be reached given the smaller size of your micro business.
As you navigate the execution of standard documents, remember they are called standard for a reason. We cannot ask dog show judges to amend the breed standard at any particular show so your dog is closer to the standard they are judging by. And think of that metaphor when you want to question Design documents that have been in use by the industry for decades.
Take comfort in the word standard. We do not need to recreate everything we touch.
Be well.