Contract Enforcement so good you'll

probably never need it

Our Haiku

when consequences

of breach are enforced swiftly,

breaches come rarely.

How you save months of life and tons in legal fees

We cut the fat out of dispute resolution.

Resolving a contract dispute requires 2 steps.

  1. Facts. Determining the facts -- e.g. whether a project was completed
  2. Logic. Applying those facts to the logic of the contract, which dictates a certain judgement -- e.g. the buyer must pay the seller

 

Smarter Contract reduces the cost of those 2 steps.

  1. Facts. The cost and time required for our binding expert determinations are low, capped, and known at the time of signing. Each fact is determined by a person -- or people -- who possess the necessary qualifications. They are modest freelancers rather than profiteering expert witnesses. They are paid per unit of information they review, and the quantity of that information is capped.
  2. Logic. Once the facts are determined, applying the logic of the contract to generate a judgement is relatively trivial. For example, if it is determined that a project is complete, then minimal time is required for an arbitrator to enter a judgement that the service provider should be paid. Also, the necessary qualifications of the arbitrator are as minimal as the task is trivial.

 

Smarter Contract's fortunate side-effect:

When the consequences of breach are expected to be dealt swiftly and at low cost, breaches occur infrequently.

 

Standard litigation and arbitration are more expensive.

Here is why: 

  1. Costs are not capped in any way. Attorneys have an incentive to bill more hours.
  2. The 2 steps are lumped together in an often-bureaucratic process. In arbitration, an expensive, highly qualified attorney typically must preside over both the determination of facts and the application of the contract's logic. In litigation, a time-consuming court process and an extra attorney are added to the mix.

 

But don't settlements save attorney fees and time in court?

Settlements are a symptom of the problem, NOT a solution. If you are in a dispute and you believe you are right, you still might be better off entering into a settlement that is unfair to you than you would be incurring the high expense of standard arbitration or litigation. It is because arbitration and litigation are expensive that you are willing to accept an unfair settlement.

Low-cost contract enforcement therefore protects you against costly settlements when you believe you are right.

How It Works: An Example

Every week, new contracts are executed that include
Smarter Contract's "Expert Determination" paragraph.

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Contract Without Smarter Contract Paragraph

  1. Execute a fee-for-service contract without a mandatory dispute resolution mechanism.

  2. Determine your client refuses to pay for services.

  3. Attempt to negotiate a settlement with your client.

  4. Select an attorney, if that negotiation fails.

  5. Pay a retainer.

  6. File a complaint.

  7. File a summons.

  8. Attempt again to negotiate a settlement.

  9. Submit responses to motions.

  10. Go through depositions.

  11. Hire an expert witness.

  12. Pay for expensive days in court.

  13. Deal with delays.

  14. Go through an appeal.

  15. Collect the judgement, which is a payment of fees owed.

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Contract With Smarter Contract Paragraph

  1. Add a Smarter Contract "Expert Determination" paragraph to your fee-for-service contract.  This is free.

  2. Execute the contract.

  3. Determine your client refuses to pay for services.

  4. Through Smarter Contract, attempt to negotiate each of the contract variables in dispute.  This is free.

  5. Pay a deposit to Smarter Contract, which is refunded to the extent your offered values for the contract variables are near the expert's determined values.

  6. Upload evidence.

  7. Respond to questions from the expert(s), until they reach their determination(s).

  8. If funds are in escrow (which can be managed through Smarter Contract), the escrow agent releases funds from escrow as per the contract and expert determination(s). If funds are not in escrow, a low-cost arbitrator is hired to enter a judgement into a court based on the contract and expert determination(s).

  9. Collect the judgement, which is a payment of fees owed.

Passionate Professionals

Our team is passionate about making contract enforcement faster, lower cost, and more reliable.

Ashish-Bhatt
Ashish Bhatt
CEO/ CPO
Shipley
Andrew Shipley
Legal Advisor
Vladimir-Dubovskiy
Vladimir Dubovskiy
CTO
Ji Guo
Ji Guo
CMO
Sumair-Muhammad
Sumair Muhammad
Solidity Engineer
Jamil-Sukhera
Jamil Sukhera
Solidity Engineer
Trevor-Mesnik
Trevor Mesnik
Software Engineer
Michael-Parisi
Michael Parisi
Software Engineer

Trusted Partnerships

Smarter Contract resolves disputes arising out of the
contractual transactions on its partners' platforms.

Find Out What We Can Do For You

Ultimate Contract Resolution | Expert Judgement