Legal Glossary

Arrears in business contracts: Overview, definition and example

The term “arrears” means payments that are overdue or unpaid by their deadline. When something is "in arrears," it’s money that should have been paid but hasn't. Learn how arrears can affect your cash flow and business relationships.

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Legal Glossary

Arrears in business contracts: Overview, definition and example

The term “arrears” means payments that are overdue or unpaid by their deadline. When something is "in arrears," it’s money that should have been paid but hasn't. Learn how arrears can affect your cash flow and business relationships.

A bag of coins.

Icons8.com

Introduction

Have you seen the term “arrears” in a business contract and wondered what it means? Simply put, arrears refer to payments that are overdue or unpaid by the deadline. When a payment is "in arrears," it means the money is owed but hasn't been paid on time. This term often shows up in contracts involving things like loans, rent, salaries, or any regular payments.

Let’s explore what arrears are, why they matter in business contracts, and how they can impact your cash flow and business relationships.

Why are arrears important?

Understanding arrears is crucial because it can significantly affect your financial management and contractual obligations. When payments fall into arrears, it can lead to penalties, strained business relationships, or even legal action. Here’s why knowing about arrears is essential:

  1. Affects cash flow: When payments are late, it can disrupt your cash flow, making it harder to meet your own financial obligations or invest in business growth.

  2. Triggers penalties or interest: Many contracts include provisions for late payments, such as added interest or late fees, which can increase the total amount owed if payments fall into arrears.

  3. Impacts business relationships: Consistent arrears can damage trust and credibility with suppliers, clients, employees, or lenders, potentially leading to contract termination or loss of business.

Example of arrears in a business context

Let’s say your company leases office space for $5,000 per month, payable on the first of each month. Due to unexpected expenses, you miss the payment for April, and it is now overdue. This missed payment is now considered “in arrears.”

Your lease agreement might state that if rent is in arrears for more than 10 days, a late fee of 5% will be added to the amount owed. If you don’t pay by the 10th of April, you not only owe the $5,000 for April’s rent but also an additional $250 late fee.

If payments continue to be in arrears, the landlord could take further action, such as terminating the lease or pursuing legal recovery of the overdue amounts.

How understanding arrears can help you

Knowing what arrears are and how they affect your contracts can help you manage your payments more effectively. If you’re the payer, staying on top of your commitments to pay can prevent penalties, interest, or damage to your business reputation. If you’re the payee, understanding arrears helps you enforce your rights, collect overdue payments, and maintain cash flow.

How Cobrief can help

Cobrief automates the review of business agreements in minutes for small to medium-sized businesses. Save time, cut legal costs, and sign your contracts with confidence.

Upload your contract to Cobrief's AI contract review software, click review, and you'll get it screened for risks in plain English, helping you decide if you want to sign, reject or negotiate the contract—or escalate it to a lawyer.

Conclusion

Arrears are more than just late payments—they can disrupt your business operations, strain relationships, and lead to extra costs. By understanding what arrears mean and how they work in your contracts, you can avoid financial pitfalls and keep your business running smoothly.

Next time you see a reference to arrears in a contract, remember it’s a reminder to manage your payments carefully and maintain good standing with your partners.

This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Last updated

Sep 6, 2024

Cobrief provides a self-help AI contract review software product at your own specific direction. We are not a law firm or a substitute for an attorney or law firm. Communications between you and Cobrief are protected by our privacy notice, but not by attorney-client privilege.

We do not and cannot provide any kinds of advice, explanations, opinion, or recommendation about possible legal rights, remedies, defenses, options, selections of forms, or strategies. All information from Cobrief is provided for informational purposes only. The law is complex and changes often, and you should always seek a qualified and licensed attorney for legal advice.

2024 Cobrief. All rights reserved.

San Francisco, California.

Cobrief provides a self-help AI contract review software product at your own specific direction. We are not a law firm or a substitute for an attorney or law firm. Communications between you and Cobrief are protected by our privacy notice, but not by attorney-client privilege.

We do not and cannot provide any kinds of advice, explanations, opinion, or recommendation about possible legal rights, remedies, defenses, options, selections of forms, or strategies. All information from Cobrief is provided for informational purposes only. The law is complex and changes often, and you should always seek a qualified and licensed attorney for legal advice.

2024 Cobrief. All rights reserved.

San Francisco, California.

Cobrief provides a self-help AI contract review software product at your own specific direction. We are not a law firm or a substitute for an attorney or law firm. Communications between you and Cobrief are protected by our privacy notice, but not by attorney-client privilege.

We do not and cannot provide any kinds of advice, explanations, opinion, or recommendation about possible legal rights, remedies, defenses, options, selections of forms, or strategies. All information from Cobrief is provided for informational purposes only. The law is complex and changes often, and you should always seek a qualified and licensed attorney for legal advice.

2024 Cobrief. All rights reserved.

San Francisco, California.