General

Negotiating Better Contract Terms: A Practical Guide

Published 15 August 2025

Most people think contracts are take-it-or-leave-it. But that's rarely true. Almost every contract is negotiable. The difference between a good deal and a bad deal often comes down to whether you tried to negotiate.

Understand your leverage

Negotiation is about leverage. You have leverage if the other party wants a deal with you more than they want a deal elsewhere. High leverage: you have multiple alternatives, you're the bigger party, the other party has invested in the relationship, or you're in a competitive market. Low leverage: you need the deal urgently, they're the only option, or they're much larger.

Prioritize your asks

Divide terms into deal-breakers (non-negotiable), important (you can compromise), and nice-to-have (optional). Go into negotiations knowing which terms are which. Prioritize deal-breakers and be willing to compromise on nice-to-haves.

Negotiate strategically

Research market rates and the other party before negotiating. Make the first offer if possible—anchoring influences the outcome. Negotiate in writing to create a record. Be willing to trade: "I'll agree to X if you'll move on Y." Use your solicitor if the deal is complex—they add professionalism and catch terms you might miss.

Know when to walk away

If the other party won't negotiate, liability caps are so low you'd have no recourse, termination terms are too one-sided, or restrictions limit your future business, walk. A bad deal is often worse than no deal.

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