Contracts FAQs
Where do Research Contracts fit in to academic research?
Research Contracts cover both pre- and post-award matters. Some come from projects supported initially by Research Development or the Knowledge Exchange and External Partnerships, while others are supported by us from the start.
We:
- Support grant-funded projects including signing grant agreements;
- Arrange post-grant award agreements with other project participants;
- Negotiate funding agreements for non-competitive projects
Once contracts are signed our Project Set-up team support the initial stage of the project and liaise with Research Accounts, and other functions where necessary. During the project cycle we also liaise with other departments such as the tax team, Legal Services and UEB. We also give limited project management support for small but growing number of projects.
What we do (and what we don’t)
Most contracts within the University are dealt with by one of three areas – Legal Services, Procurement, or Research Contracts. Together, we have developed a Contracts Directory which outlines the areas covered by each.
Research Contracts deal with matters that are research or knowledge exchange-related, such as research funding, collaboration agreements, intellectual property agreements, consultancy and technical services. We ensure that risks are managed and the project is properly approved.
We have a number of Contracts Managers with a specific remit supporting particular Schools or fields of work, and Contracts Associates who deal with certain agreement types across all Schools, working in conjunction with the Contracts Managers. Our Contracts Assistant deals with agreements generated via our self-service systems and acts as the initial triage of all new requests
The Project Set-up team are the initial point of contact for both initial support, particularly as some projects need Contracts Manager input early in the process; for ‘post-award’ contracts; and advice as to where to find further assistance. However, Contracts Managers and Associates don’t routinely become involved in delivery of a project once the agreements are finalised; responsibility for that rests with the Principal Investigator.
What are the different agreement types and how do I initiate them?
Our New Contract Setup page lists all the different types of contracts we handle, and the contact points for each.
Why is a contract needed?
Contracts mitigate risk, remove ambiguity in relation to rights and obligations, and set out expectations from each party. It is a document that facilitates the smooth running of a project.
What are the key issues in contracts?
Intellectual property (IP) is defined as that which is the result of creativity, such as patents, copyrights, trade-marks and trade secrets. It’s important that the University and academics benefit properly from the IP produced, and that our use of IP owned by others is also managed.
Liability and indemnity clauses relate to costs that may arise if something goes wrong.
Personal Data is a key issue to ensure the rights and responsibilities are clear.
Contracts ensure that academics’ rights to publish are protected.
The charitable status of the University means the University must protect its assets appropriately, act in a way which benefits society, and ensure appropriate teaching and research rights are retained.
Why do contracts take so long?
Many agreements require significant negotiation and input from other areas of the University, even if we start from our standard templates (which we do wherever we can).
Most Contracts Managers are likely to have between 50 and 100 contracts ongoing at any one point and we finalise over 1,000 agreements a year.
Why and when do we have to escalate agreements?
Research Contracts have an agreed signature delegation, which means that some high value or higher risk contracts have to be escalated for signature or approval at PVC level.
Who decides how we will negotiate?
The University as a whole has a Contracts Playbook, and Research Contracts have standard negotiating guidelines, which set out the preferred and accepted positions on common contract standpoints, as well as risk mitigation and escalation procedures for alternative, less preferred or higher risk positions.
Why don’t we use standard templates or previous agreements?
We use standard templates where we can but each project is unique, meaning that no one standard template suits all circumstances. What may have been agreed on a previous project may not be appropriate for a subsequent one. Contracts usually cover specific projects but we may use framework agreements, where terms are agreed in advance for a particular funder/partner or suite of work.
When and why do Contracts need to be involved once an agreement is signed and the project has started?
Generally, once the agreement is signed Contracts Managers or Associates will not be involved in supporting the delivery of the project. However, there are instances where agreements might need to be changed post-award, such as extensions or amendments.
The Project Setup team will advise what information is required and involve other relevant functions.