In our world of the Project Businesses, we reflect on negotiating the payment terms in contracts for Complex Projects. How to prepare? How to act? How to conclude? This will enable, both Contractors and Employers, to prepare for the unavoidable discussion about when to pay. The techniques are transposable to other negotiation situations.
What can you do if you are confronted with a “take it or leave it” offer? Here is some important advice from Chris Voss, the man who learned to negotiate in a practical way at the FBI.
I’ve received a very interesting question: Can the EPC philosophy be applied to rehabilitation projects of, for example, a power plant? In this article, you will find my answers with the reasoning behind it.
An event organized by the Young Members Group of CIArb named “Arbitration & Mediation at a Crossroads” enabled us to reflect on the positioning of mediation within the spectrum of dispute resolution methods.
Negotiators may fall in a “pleading mode” when doing their commercial negotiations. Lawyers may not see their pleadings in court or in front of a tribunal as negotiations. By making a parallel between pleadings and negotiation in this article, both negotiators and lawyers can learn and improve.
A post to reflect about how we sometimes stop learning. It is targeted to people dealing with contracts in the project business. But in fact, it applies to all of us.
This is the first post of a series of 5, digging into the questions that your Contract Risk Scoring system should have: Customer, Contract type, Fixed & Firm vs Escalation and Payment Conditions are all covered.
The title above is a frequently heard observation about contracts & lawyers. Usually, this goes together with statements like “we negotiate the contracts and then file them immediately” or “contracts are only useful in case of conflicts”. Are those statements really the right thing to do?
AfiTaC wishes all the readers of its blog on Commercial & Contractual issues the best for 2019!
This post includes some of our intentions for this year.
The usual processes for dispute resolution are either fast (negotiated solutions, mediation, etc.) or binding (court proceedings and arbitration). Statutory adjudication and dispute boards are only available in particular circumstances. Can we bridge the gap and achieve fast & binding dispute resolution?