Paul Ford: You Can’t Fix a Relationship With a Contract (Postlight)
“Anyone can threaten to sue anyone at any time,” Rich explained. “I could threaten to sue the guy at the bodega for making bad coffee. You can’t live your life in fear of lawyers. If someone sends us an angry legal letter, I’ll just call them on the phone and talk about how to resolve it.”
Then Rich said three things that have been lodged in my brain ever since — the Three Rules of Contracts.
1. “The relationship is all that matters.”
2. “A contract is just an instruction manual for what to do when things go wrong with a relationship.”
3. “Our goal is to build the relationship so that the client never feels the need to go back to the contract.”
This might sound obvious, but it’s a subtle reframing that robs the contract of its magical powers and puts the focus back where it should be, on keeping an open line between parties. “The law” is just another gigantic human construct that everyone has agreed makes sense, like democracy, the World Wide Web, or Bitcoin.
Software development is ambiguous work. You agree on one result, but three months in, it’s clear that a different result will be needed. Even with the best, most efficiently run projects, direction can change many times. It might feel like the smartest, most cautious path is to attempt to document everything in a contract and a statement of work, but it’s frankly a fool’s errand. You can’t. Everyone tries, even though it’s pointless and it all changes. We just decided to stop pretending.
[…]
The relationship is all that matters. You can’t fix a relationship with a contract. You can’t make a great software product by editing a contract, either. You have to have a relationship that works.