Smarter contracts, better margins

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Twenty years ago, 1 in 3 finance functions had direct responsibility for contract management. Today, it is more like 1 in 10.

The massive growth of regulation, contract complexity and disputes led to a steady shift towards Legal, either as direct owners of contracts or as the perceived focal point for the process. In that shift, the economic and financial impact of contracts has somehow become relegated to a lesser role. This telling quote from Ian Macneil, legal scholar and inventor of relational contracting, is too often ignored:

“Contracts are not ends in themselves but instruments by which parties achieve economic purposes in ongoing relations.”

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This report is a reminder that contracts must be understood and managed as dynamic economic instruments and that achieving this requires greater connectivity between commercial, legal, procurement, and finance functions. Drawing on WorldCC research, external studies, interviews, and case evidence, the report provides a practical and persuasive case for change, emphasizing not only why finance connectivity matters, but how it can be realized to deliver measurable value.

“As I reflect, 20 years ago I saw terms such as liabilities, indemnities and IP rights as my direct responsibility. Today, I recognize the extent to which my team has stepped away and no longer sees these as opportunities for financial trade-offs.” CFO, global technology supplier

  • Contracts are central to every revenue and cost decision, yet in a survey representing almost 200 organizations, 70% acknowledge a disconnect from financial oversight, or adequate appreciation of their impact on financial performance
  • Volatility and complexity demand more adaptive, data-driven contract practices capable of rapid adjustment to altered economic conditions, yet most procurement and legal teams resist the need for regular contract reviews
  • Emerging technologies such as Artificial Intelligence (AI), Contract Lifecycle Management (CLM) and Enterprise Resource Planning (ERP) integration, now make real-time financial alignment possible, yet low levels of investment in post-award capabilities are resulting in high levels of value erosion
  • Organizations that embed financial insight into contract strategy and execution are outperforming peers by an average 5.4% of contract value
  • The call to action: create shared visibility, redefine governance, and unlock the full value of contracts.
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69% of respondents say there is a consistent disconnect between legal protection and financial opportunity, during template development and contract negotiations.

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Digital transformation enables a new model of connectivity. From paper to performance: the digital impact

The disconnect between legal protection and financial opportunity is compounded when there is no qualified resource, or no effective systems to effect reconciliation. As this report shows, this significantly weakens the positive impact contracts can have on financial performance.
 
Overly rigid legal approaches, risk-averse clauses, and siloed negotiation processes often delay deal closures and restrict commercial flexibility. When contracts focus more on preventing failure than enabling success, they overlook value creation, performance incentives, and cost-efficiency. This not only leads to missed opportunities but also increases operational friction and long-term financial exposure. To truly influence financial performance, contracts must evolve into strategic tools that align legal safeguards with commercial objectives, enabling agility, collaboration, and outcome-driven value across the contract lifecycle.
 
This is not a finance issue. It is a commercial performance issue that requires shared ownership in the three ways highlighted (right). Now is the moment to act – not only because market conditions demand it, but because the tools, data, and models now exist to make it possible.
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Tim Cummins Follow me on LinkedIn

Executive Director
Commerce and Contract Management Institute

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