Module 4 · Chapter 9

How to Review a Contract Mark-Up and Issues List

The other side’s mark-up changes your draft, and not every change is marked. This chapter shows how to find each change, see what it does, and decide who answers it.

≈ 8 min read 8-question test

In this chapter

  • How your own comparison finds the changes the other side did not mark
  • Why a changed definition means reading every clause that uses it
  • How an issues list answers each change, and who decides each one

9.1Answering a mark-up in one paragraph

Kestrow’s mark-up is version 3: your version 2 with its solicitors’ changes. Your job is to find every change, marked or not, and answer each one. A small change to one word can move risk across the whole contract. So you set out every change in an issues list: a table of each change, your view of it and who decides it.

Key point

Find every change yourself, read it wherever it takes effect, and give it to the person who should decide it.

Also in this chapter

  1. Check the mark-up with your own comparison
  2. Read every clause a changed definition touches
  3. Who decides each change
  4. A business point: the repair deadline
  5. Your job

Preview

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