Welcome to the Office of General Counsel Contracts webpage! We are pleased to introduce our newly streamlined contracts process designed to enhance efficiency and clarity. As any contract can significantly affect the legal position of the University of Maine System, the Office of General Counsel is here to review and advise on all University contractual arrangements, ensuring that all parties are well-informed of our policies and positions and equipped for successful collaboration. On this webpage, you will find information, FAQs, a Contracts Checklist, and Template Contracts for your use. The Office of General Counsel must review all University contracts except unmodified template contracts included on this webpage. To start the Office of General Counsel contract review process, please complete this form (External Site).

The information, FAQs, Contracts Checklist, and Templates have been developed and included here for the purposes of improving (i) the content and consistency of contracts entered into by the University of Maine System, and (ii) the efficiency and effectiveness of the services provided by the Office of General Counsel and shall be used for educational purposes only and should not be construed as legal advice. We encourage you to consult with the legal professionals in our office for any specific inquiries or concerns regarding contracts and our contracts process.

Use of the information, materials, and template contracts on this webpage does not substitute for review of a contract by the office of general counsel.

Thank you for visiting our page, and we hope you find the resources helpful in understanding our contracts process!

To submit a fully executed contract, please upload a PDF copy via this form (External Site).

Frequently Asked Questions:

The materials provided on this page are for informational purposes only and are not provided as or intended to be considered legal advice.

“Contract” is traditionally used to mean a formal, written agreement, but is used both casually and professionally to mean any oral (verbal or handshake) or written agreement between two or more individuals or groups, called “parties.”  Agreements come with many different names and titles, but are all considered contracts, including: Memorandums of Understanding/MOUs, Memorandums of Agreement/MOAs, Leases, Licenses, Releases, and Terms and Conditions.

Campuses, universities, and units within the University of Maine System periodically enter into agreements with each other. However, such agreements are not legally enforceable contracts and thus typically do not require review by the Office of General Counsel. All University of Maine System campuses and operational units comprise a sole legal entity, the University of Maine System; therefore, any agreement between the campuses or units is an agreement between the System and itself. As a result, such agreements are not recognized as contracts by the courts, but may still be used for internal arrangements and operations as reasonably necessary.

Contract templates for a variety of routine matters are provided on the Office of General Counsel’s Contracts webpage under the section “Template Contracts.” Templates are provided in Word format with track changes enabled by default. Please maintain track changes until the final draft of your contract has been fully agreed-upon. If you have any further questions about filling out the template or selecting a template for your needs, please call or email the Office of General Counsel or a team member directly at the soonest convenience. For any substantive revisions beyond filling in the blanks, please submit your contract for review by the Office of General Counsel, here (External Site).

Templates provided by the Office of General Counsel are for routine and low risk matters not likely to substantially affect the University’s legal position. Some templates are maintained and distributed as needed by other offices such as Leases by the Office of Facilities Management, Design and Construction Agreements by the Office of Capital Planning and Project Management, and Master Services Agreements by the Office of Strategic Procurement. Other templates are available for higher risk and atypical matters upon request. If you are unable to locate the contract needed with another office or University-issued resource, please contact a General Counsel team member directly for assistance.

Any contract to be signed by a University representative may be submitted for Office of General Counsel review for legal advice and strategy at any time. Office of General Counsel must approve any agreement:

  1. For engagement of outside legal counsel;
  2. Granting Power of Attorney over the University; and
  3. All other agreements significantly affecting the legal position of the University of Maine System or not otherwise subject to exceptions as provided in APLs IV-C Signature Authority and VII-A University of Maine System Purchasing Procedures shall be reviewed by General Counsel.

Office of General Counsel review is not required for certain types of contracts, including:

  • Federal and state grant documents;
  • Routine and low risk contracts to be signed by individuals at the vice president level or higher as delegated by the respective university president;
  • Capital project and real estate documents, including purchase or sale agreements or leases, where the university uses the General Counsel-approved forms provided by the SWS Office of Facilities;
  • Routine and low risk contracts created using templates provided in the “Template Contracts” section of the General Counsel’s webpage (does not apply to the “External MOU Template” or “Contract for University to Provide Services Template”);
  • Professional services or procurement contracts following the requirements of APL VII-A.2.

If you have a question regarding whether your contract must be reviewed by the Office of General Counsel, please contact a member of our team for advice. Individuals shall execute such contracts in accordance with APL IV-C and only after receiving approval by the Office of General Counsel.

Submit the contract to the Office of General Counsel for review in accordance with the procedure outlined below.

Contracts may be submitted using the Contracts Checklist Google Form available here (External Site).

Please follow all instructions on the provided Form and press the “Submit” button at the bottom of the Form to send your request, which will be emailed to contracts@maine.edu.

After submitting your request using the Contracts Checklist, a General Counsel team member will contact you via email within three (3) business days to confirm receipt of your request and assignment to a team member. Timelines for review may vary depending on volume and complexity of requests, but is a minimum of ten (10) business days from submission. If you have not been contacted by a team member in three (3) business days since submission or if a contract requires more immediate attention, please call or email the Office of General Counsel directly.

Signature authority for all University business is delegated in accordance with APL IV-C. According to APL IV-C, University Presidents determine signature authority for their staff signing documents on the University’s behalf. The System Finance Office holds the Universities’ lists of staff and their signature authority, updated annually. Presidents and delegees may not exceed the authority granted to them by Sections III and IV of the APL. The UMS Vice Chancellor for Finance retains authority for approval, signature, or delegation for signature of all documents not otherwise granted to the Presidents and their delegees in accordance with the APL. To confirm signature authority, please contact your campus’ Office of the President or the System’s Finance Office.

Except where insurance requirements from an external source apply, such as a purchase made using sponsored or grant-funded research funds, insurance requirements set by the University are subject to the discretion of the contracting department or signatory to the agreement upon consultation with the Office of Risk Management. Please review proposed changes to University insurance requirements with the Office of Risk Management.

The University of Maine System is an agency and instrumentality, body politic and corporate of the State of Maine supported in part by publicly allocated funding and subject to public accountability of the support it receives. In accordance with its statutory and fiduciary duties, it is the policy of the University of Maine System not to contractually agree to any term or condition that would subject the University to additional fees or costs beyond the value of the contract, to the extent reasonably practicable. Exceptions to this general policy may be approved by the University signatory to the contract, with advice and counsel from the Office of Risk Management and Office of General Counsel as needed to understand and acknowledge the additional financial risks associated with such contract provisions.

The University of Maine System is an agency and instrumentality of the State of Maine that conducts its business and activities almost exclusively within Maine and receives certain protections under Maine law. As such, Maine is typically the most appropriate jurisdiction in which to resolve disputes or other legal matters pertaining to a contract. Contract provisions applying the laws of other states or countries increase the risk that the University will incur travel costs and outside counsel fees in the event of a dispute arising under the agreement. Where it cannot be mutually agreed that a contract is subject only to Maine laws, the University signatory to the contract may agree to alternate terms regarding governing law, including silence on the subject or application of the laws of a different state or country, on the understanding and acknowledgment of the additional financial risks and with appropriate advice and counsel from the Office of Risk Management and Office of General Counsel as needed.

Yes. However, in accordance with rules of professional ethics, attorneys in the Office of General Counsel should only be in direct communication with legal representation for the other party(ies) to the contract, to the extent the party(ies) are represented. Please request such contact information from the other party(ies) and provide it to the Office of General Counsel with your request for direct negotiation by Counsel.

Please submit a PDF copy of all fully executed contracts via this form (External Site) or email a copy to contracts@maine.edu. The business owner has the responsibility to retain the executed contract in accordance with APL IV-D Record Management Practices.

Contract Templates

Below is a collection of templates available as Word documents: