You have read books, articles, blogs on contract negotiation. Or, even better, you did a real negotiation training. All have praised the importance of win-win negotiation.

There you find yourself in your next tough negotiation. All the discussions are on limits of liability, caps for liquidated damages, rights to terminate the contract etc. Subjects, where a bit more protection for one party, automatically means a bit less for the other party. You hesitate. Are those articles or training courses not realistic, not worth your time & money, just wishful thinking?

The answer is: Yes, they are OK; but you need to find some practical applications.

Win-win negotiations are really a powerful way to reach balanced contracts. But maybe the articles, books and training are a bit too theoretical for you to easily apply what you have learned in actual negotiations? You need to prepare for the negotiations, identify the needs – sometimes hidden – of your Client, rehearse the arguments, … Have you thought about some coaching to get going?

Stay tuned to this blog where we analyse some concrete case studies. You can also follow us on LinkedIn as “AfiTaC.com”.

Here you will find some links to relevant articles :

EPC Contract , win-win negotiation case study, early completion bonus
EPC Contract, win-win negotiation, LNTP on private investment project

For other articles on negotiation click here.

AfiTAC.com is the blog on commercial and contractual subjects for the Project Businesses (Construction, Infrastructure, Oil & Gas, Power & Renewable, Water Supply & Sanitation, etc). Its objective is to stimulate reflection, learning, convergence to balanced contracts and positive dispute resolution. You can subscribe to our newsletter by writing to “newsletter@afitac.com”. You can also connect to our LinkedIn page. Engagement with the readers is what keeps us going. So, don’t hesitate to exchange with us by commenting here below, liking our publication on LinkedIn and writing to us “info@afitac.com”. 


Jan Bouckaert

Jan Bouckaert is a FIDIC Certified Adjudicator (President's list) with 25 years of worldwide experience in negotiation of complex construction, renewable energy, power and infrastructure projects. He is also specialized in contract management, project controls and alternative dispute resolution. During Jan’s career path, he lived in France, Belgium, Egypt, India and Portugal and worked for GE Renewable Energy, Alstom Hydro, Besix/Six Construct. He is a Civil Engineer from the University of Leuven (Belgium) and has an MBA from ISEG (Portugal). He speaks fluently English, French, Portuguese and Dutch. Jan is the founder of AfiTaC, a company giving advice on international tenders and contracts., and Managing Director of Proove SAS. Be welcome to connect on LinkedIn: https://www.linkedin.com/in/afitac/

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