Contract Governance

Author : Stefan Grundmann,Florian Möslein,Karl Riesenhuber
Publisher : OUP Oxford
Page : 496 pages
File Size : 52,7 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191035296

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Contract Governance by Stefan Grundmann,Florian Möslein,Karl Riesenhuber Pdf

This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 48,7 Mb
Release : 2017-06-30
Category : Contracts
ISBN : 9781785368776

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Contract Law by Jan M. Smits Pdf

This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Author : International Association for Contract and Commercial Management
Publisher : Van Haren
Page : 272 pages
File Size : 43,7 Mb
Release : 2013-09-23
Category : Education
ISBN : 9789087537128

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Fundamentals of Contract and Commercial Management by International Association for Contract and Commercial Management Pdf

This ground-breaking title from the world’s leading authority on contemporary contracting best practices, the IACCM (International Association for Contract and Commercial Management) delivers a lively and practical complete insight into the contracting process which is useful in both business and personal life. Contracts are the language of business, and this book gives readers the essentials that can make a difference to any deal, no matter how big or small. Designed for the non-contract business professional, this book takes project managers and other professionals through the basic process and gives them a road map to improved results, increased value, and successful outcomes In this book you’ll find sensible guidance and approaches to ensure business success. Case studies showing you what can go wrong – and what can go right -- bring theory into the real world. Checklists give confidence and enable you to be certain that you have asked and answered the right questions as you go through any deal. This real-world approach demonstrates the value of effective contracting. This is not dry, academic prose. It is compelling and dynamic advice and tools to manage business relationships for both buyers and sellers.

Author : Oliver E Williamson
Publisher : World Scientific
Page : 220 pages
File Size : 47,5 Mb
Release : 2017-03-24
Category : Business & Economics
ISBN : 9789813202078

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Contract, Governance and Transaction Cost Economics by Oliver E Williamson Pdf

This book brings together a collection of seven papers on Transaction Cost Economics by Nobel Laureate Professor Oliver E Williamson. The applications of Transaction Cost Economics are extensive, ranging from the field of industrial organization and applied fields of economics such as labor, public finance, comparative economic systems and economic development, to the business fields of strategy, organizational behavior, marketing, finance, operations management, and accounting. In short, as Williamson states, "any problem that originates as or can be reformulated as a contracting problem can be examined to advantage in transaction cost economizing terms." What is referred to as New Institutional Economics is developed in the West in two mainly complementary ways: Property Rights Theory, and Transaction Cost Economics. Of the two, Property Rights Theory developed more rapidly. Transaction Cost Economics has nonetheless taken shape of late. In China, research on New Institutional Economics began in the 1990s and has grown rapidly since. China has similarly given much more attention to Property Rights Theory. Gengxuan Chen, the editor of this volume, recommends that China will benefit by bringing Transaction Cost Economics to bear. Simultaneously, for scholars who study the market economy, Transaction Cost Economics provides a very attractive way to explain the practice of the Chinese market economy.

Author : Linda Tonkes , Gert-Jan Vlasveld
Publisher : Van Haren
Page : 196 pages
File Size : 41,5 Mb
Release : 2024-06-03
Category : Education
ISBN : 9789401806862

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Contract management with CATS CM® version 4: From working on contracts to contracts that work by Linda Tonkes , Gert-Jan Vlasveld Pdf

This book describes version 4 of CATS CM®. This methodology for contract management can be used in both private and public sector organizations, and is valid for both demand and supply side. Contract management is the realization of intended contract objectives by proactively monitoring the fulfillment of all contractually established responsibilities, obligations, procedures, agreements, conditions and rates, resolving all ambiguities, contradictions and white spaces, managing all contract-related risks, and implementing all desired changes to the contract, during the execution phase. CATS CM® offers a methodical and scalable approach to contract management. It provides a description of the principles, roles, and main issues for the contract manager and the best way of working. In addition to a description of the methodology, CATS CM® version 4 also offers specific tools for implementing contract management, for policy as well as for processes. Increasingly, organizations recognize the importance of being in control of their business ecosystem. CATS CM® assists organizations to increase control of their joint responsibility both from a procurement and delivery point of view. A large number of organizations have chosen CATS CM® as the standard for their contract management processes. This new version of CATS CM® has been developed with these various practices in mind. CATS CM® version 4 is based on the principle that the management of a contract in execution has strong similarities on both sides of the contract, i.e. demand and supply; both can best be described as working in conjunction with each other. This book is intended for all who are responsible for, or deal with the execution of contracts: contract managers, business managers, delivery managers, project managers, service managers, facility managers, buyers, procurement managers, compliance managers, risk managers, account managers, sales managers and HR managers, along with their directors and board members on both sides of the contract.

Author : Great Britain: National Audit Office
Publisher : The Stationery Office
Page : 40 pages
File Size : 49,6 Mb
Release : 2012-10-18
Category : Medical
ISBN : 0102977283

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Contract Management of Medical Services by Great Britain: National Audit Office Pdf

The Department for Work and Pensions relies on medical assessments to help its decision makers reach an appropriate decision on a customer's entitlement to a wide range of benefits. From April 2013, a new medical assessment will be introduced for Personal Independence Payment. A procurement competition is underway to appoint service providers for this. The Department's contractor for medical services, Atos Healthcare, completed 738,000 face-to-face medical assessments in 2011-12 and charged the Department £112.4 million. This performance review examines the Department's contract management and wider strategy for the supply of medical services, including the Department's contractual relationship with Atos Healthcare; the performance management of Atos Healthcare; the future contracting strategy. Amongst key findings, according to the performance data provided, is that Atos Healthcare has not routinely met all the service standards specified in the contract. This report makes a number of recommendations to strengthen existing governance arrangements; to improve performance monitoring and to strengthen the Department's commercial strategy

Author : Alain Brunet,Franck César
Publisher : Springer Nature
Page : 292 pages
File Size : 45,5 Mb
Release : 2021-07-30
Category : Law
ISBN : 9783030680763

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Contract Management by Alain Brunet,Franck César Pdf

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

Author : Peter Sammons
Publisher : Kogan Page Publishers
Page : 281 pages
File Size : 46,8 Mb
Release : 2017-07-03
Category : Business & Economics
ISBN : 9780749480653

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Contract Management by Peter Sammons Pdf

Contract management is a key management skill, yet it is underplayed in most organizations, which usually default to project management skills as a proxy for contract management skills. Whilst project management skills are equally essential, they are not the same thing. Contract Management looks at the wider contract management picture from an industrial-commercial perspective, and helps set-out typical structures and processes that assist the contract management task. The author uses diagramatic representations to depict complex ideas. Contract Management includes "learning points" in each chapter, looking at handling problems, procedural changes and enhancing commercial performance.

Author : A. Claire Cutler,Thomas Dietz
Publisher : Routledge
Page : 308 pages
File Size : 42,6 Mb
Release : 2017-03-31
Category : Political Science
ISBN : 9781315409559

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The Politics of Private Transnational Governance by Contract by A. Claire Cutler,Thomas Dietz Pdf

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Author : Paul Emanuelli
Publisher : Unknown
Page : 1552 pages
File Size : 51,8 Mb
Release : 2016
Category : Government purchasing
ISBN : 043347453X

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Government Procurement by Paul Emanuelli Pdf

Author : Paolo Perulli
Publisher : Routledge
Page : 246 pages
File Size : 49,6 Mb
Release : 2016-07-22
Category : Business & Economics
ISBN : 9781317037361

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The Urban Contract by Paolo Perulli Pdf

Today, the increasing mobility of capital, people and information has changed the space relations of urban societies. Contractual relations have increased in every field of social life: in the economic field, but also in the political, and in creative and scientific areas. Contracts are not only legal frameworks or economic aggregates of individuals, but socially embedded forms. The concept of urban contract proposed in this book combines the theoretical body of economic-juridical literature on the contract with that of historical-anthropological and socio-spatial literature on the city. Through a diverse range of ten city case studies, The Urban Contract compares European, North-American and Asian Urban Contracts. It concludes with a theoretical proposal for understanding the deep dialectical nature of Contract Cities: their reciprocity and competition, their dual trend towards growth and decay, their cyclical nature as agents of change and disruption of the social forms of urbanity.

Author : Linda Tonkes,Richard Steketee
Publisher : Van Haren
Page : 331 pages
File Size : 51,8 Mb
Release : 2024-01-10
Category : Business & Economics
ISBN : 9789401810500

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Contract management in project management and service management - the CATS RVM® methodology by Linda Tonkes,Richard Steketee Pdf

This book describes the CATS RVM methodology that proposes realization and verification management as a way to establish the relationship between contract management and project and service management. The CATS RVM methodology can be applied within public and private organizations, by and for clients and suppliers. Realization and verification management is the realization of the objectives intended with the contract. It does this by proactively realizing and verifying the performance stipulated in the contract during the execution phase of a contract, managing all risks associated with the performance, setting up all delivery processes, coordinating applicable delivery management processes between client and supplier, and preparing for these activities prior to the execution phase. CATS RVM offers a methodical approach to managing contracts in project and service management. It describes the basic principles, the roles, the points of attention for the realization and verification manager in the domains of delivery management and contract management, and the recommended way of working. In addition to a description of the methodology, this book also provides a description of the most common delivery management processes in both service and project management. The CATS RVM methodology is aligned with the best practice contract management methodology CATS CM as described in the book CATS CM® version 4: From working on contracts to contracts that work. However, it can be read completely independently. Where relevant, parts of CATS CM are also described in this book. This book is suitable for anyone involved with purchase and/or sales contracts in the provision of services, products or projects. This includes project managers, service managers, facility managers, those responsible for a technical service, and those responsible for the provision of HR services. This book also contains much useful information for those who work in adjacent domains such as contract management, procurement, sales, risk management, or compliance, and anyone who is responsible for contracts in a more tactical or strategic role.

Author : Arjan Van Weele
Publisher : World Scientific
Page : 523 pages
File Size : 41,6 Mb
Release : 2014
Category : Business & Economics
ISBN : 9781908979513

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International Contracting by Arjan Van Weele Pdf

This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.

Author : Xilong Qu,Chenguang Yang
Publisher : Springer
Page : 754 pages
File Size : 48,9 Mb
Release : 2012-04-25
Category : Computers
ISBN : 9783642290879

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Information and Business Intelligence by Xilong Qu,Chenguang Yang Pdf

This two-volume set (CCIS 267 and CCIS 268) constitutes the refereed proceedings of the International Conference on Information and Business Intelligence, IBI 2011, held in Chongqing, China, in December 2011. The 229 full papers presented were carefully reviewed and selected from 745 submissions. The papers address topics such as communication systems; accounting and agribusiness; information education and educational technology; manufacturing engineering; multimedia convergence; security and trust computing; business teaching and education; international business and marketing; economics and finance; and control systems and digital convergence.

Author : A. Claire Cutler,Thomas Dietz
Publisher : Taylor & Francis
Page : 331 pages
File Size : 49,5 Mb
Release : 2017-03-31
Category : Political Science
ISBN : 9781315409566

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The Politics of Private Transnational Governance by Contract by A. Claire Cutler,Thomas Dietz Pdf

Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index