We will help to identify the potential hazards of running your business, provide professional guidance to warn and navigate you around these obstacles, offer alternative routes to deal with the deterrents, while always focusing a keen eye toward minimizing the cost of protection. 

Anticipating the Loss... Planning the Response...
 

contractual analysis and risk management


The essence of what Stanford Risk Management Services, Inc. does is analysis of our clients operations/planned acquisitions/planned purchases and planned products for manufacture or distribution.

Although the standard risk management tolls are employed in our analysis

  1. Owned Property- Where the client has physical title to the real; and personal property and therefore the risk of it’s loss or damage.
  2. Property for which the Client has assumed responsibility for the loss of property that does not belong to the Client. This assumption of liability is enforced through a variety of mechanisms the most common being a Lease or Rental Agreement.

Contractual Analysis and Risk Management

The majority of our time and expertise is spent in reviewing the various contracts, leases, bill of ladings, contractor/ subcontractor agreements, Site access agreement and other legal documents that detail the responsibilities of the parties and the allocation and required funding mechanisms for potential loss.

Critical to the assumption or allocation of the subject risks is the analysis of the need for the transfer. In most cases the allocation is a result of what is perceived as “Standard Practice” however, leaving the allocation to normal business practices can result in an inadequate or unfulfilled transfer and costly legal litigation.

In order to allocate potential liability or loss it is essential that the exposures be understood and the intent of the parities be clear. Often the transferee may be in a better position to control the exposure and if need be secure insurance protection as a funding mechanism. In other cases the transfer may be justifiable and either uninsurable of cost prohibitive to insure. Once the exposure is identifies then the negotiation of how to handle the particular exposure begins.

It may be a simple as having the FOB terms modified to be FOB purchases location so that upon delivery the insurance for the location will pick up the exposure

In commercial transactions, parties seek to allocate risk by means of contractual assignment of rights, responsibilities and procedures. This is not as simple as merely transferring risk to a third party via an insurance contract.

 

© 2017 Stanford Risk Management Services, Inc.  
10 Thomas Road Lafayette, New Jersey 07848
Ph: 973-383-3260          C: 201-463-3819
 

Certified Veteran-Owned Business   VOSB
Disclaimer
Information contained in the website is not intended nor should it be relied upon as advice to anyone or for any individual project.  Each project is unique and SRM cannot guarantee the outcome of any project.   Any materials contained in this website is for illustrative purposes only and reliance thereon is at your own risk.  The rights and obligations of SRM are set forth solely in any written agreement that SRM may execute with its clients.