Skip to main content

What to Consider Before Signing a Contract

This document provides resources and guidelines for any University official who has the authority to bind UNC Charlotte to external entities through signing contracts (or who is unsure whether he/she has such authority).

Contracts

What does the term “contract” mean?

A contract is any document that legally binds the University to another party. Contracts can take many forms, including affiliation agreements, memoranda of understanding (“MOUs”), terms and conditions, letters of agreement, and a variety of other labels. A contract might or might not involve the payment of money. Online terms and conditions that must be accepted prior to using a product or service (“click-through agreements”) are also considered contracts. For more information, see University Policy 603.1.

Authority

Am I authorized to sign a particular contract?

See the signature authority chart. If your title is listed on the chart, you have authority to sign the contracts described in that delegation. If your title is not listed on the chart, you do not have signature authority.

If you are a unit head with contract authority and want to establish a contract delegation to a new position within your unit, please contact Legal Affairs.

What if I am not listed in the chart as someone authorized to sign for the University?

If you sign a contract without the proper authority, the University does not consider itself bound by the contract and you could be personally liable for the promises you made in the contract.

What does it mean if I am listed as an Alternate or Equivalent in the Signature Authority Chart?

An Alternate only has signature authority when the person with primary signature authority is unavailable.

An Equivalent maintains the signature authority specified in the signature authority chart at all times.

What if I am the Acting or Interim official while the primary official is away or the position is vacant (e.g. Acting Dean, Interim Vice Chancellor, etc.)?

If the primary official designates in writing (including an email) that you will be the Acting official for a specific period of time, or if you are assigned to an interim for a position that has signature authority, you have the same signature authority as the primary official for that period of time.

Required Processes

Is the contract for the purchase of goods or services?

Send the contract through the Purchasing Department before signing.

Is the contract related to research or sponsored programs?

Send the contract through Office of Sponsored Research Administration – Contracts and Awards Negotiation, in collaboration with your college’s research liaison.

What if the contract involves receiving information or data from a third party that is subject to access restrictions?

Follow the process outlined in University Policy 311.9, Regulation Regarding Third Party Data Subject to Contractual Access Restrictions.

What clauses are required or prohibited in University contracts?

See Prohibited Contract Clauses and Section I of the UNC Charlotte Contract Checklist.

How much insurance should be required of the other party?

See Minimum Insurance Requirements chart.

May I accept the other party’s electronic signature?

See Guidelines for Accepting Digital/Electronic Signatures.

Additional Assistance

How can I receive additional training related to my signature authority responsibilities?

See Contracts resource page, including Contract Training Materials.

Contact the Office of Legal Affairs to request a contract training workshop or for advice related to specific contract questions.

In addition to the required processes above, who are the subject matter experts who can assist on specific contract topics?

Contact Information for Special Contract Topics

OneIT (IT contracts such as software, hardware, or cybersecurity for data)

Grants and Contracts Administration

Office of Research Translation and Industry Alliances (ORTIA) (patents, trademarks, licenses, and non-disclosure agreements)

Office of Donor Relations (to coordinate the acceptance of donations)

Risk Management (to determine what amount and type of insurance should be required of the other party)