𝗕𝗮𝗰𝗸 𝘁𝗼 𝘁𝗵𝗲 𝗕𝗮𝘀𝗶𝗰𝘀 | 𝗣𝗼𝘀𝘁 #6
- FIO Legal Solutions
- 18 hours ago
- 1 min read
Author: Luiza Rey
Your “no problem” created you problems.
Most contracts include a non-waiver clause like this:
“Failure to enforce a right shall not constitute a waiver of that right.”
Sounds protective, right? But in real life, that clause isn’t a force field.
Courts often look at what you do — not just what’s written.
And I’ve seen informal behavior quietly erase hard-won rights.
Real Example
A SaaS company had a client that was always late on payments. Instead of enforcing late fees, the account manager kept sending friendly emails: “No worries, just pay when you can.”
When the company finally decided to terminate for non-payment, the client fought back — arguing that the startup had accepted the delays as normal business practice. And the court agreed.
The non-waiver clause didn’t save them, because their behavior showed the opposite.
Result?
Deadlines lost meaning.
Breaches became the “new normal.”
Leverage — gone.
The Fix
Strengthen the clause:
“Waiver of rights shall be in writing, signed by the waiving party, and shall not arise from delay, silence, or conduct.”
When you tolerate a breach, send a reservation of rights notice, e.g.: “We’re accepting this late delivery without waiving our future rights.”
Train your team — especially in sales, operations, and customer success — to avoid casual emails that undo your legal protections.
Because most rights aren’t lost in court. They’re lost in everyday emails. 💬
📚 Extra Reading:
By Luiza Castro Rey
