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The Contract Negotiation Handbook by Stephen Guth Pdf
Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.
Contract Negotiations: Skills, Tools and Best Practices discusses today's dynamic performance-based business environment in both the public and private business sectors. Contract Negotiations covers the important aspects of contract negotiation planning, conducting contract negotiations, documenting contract negotiations and contract formation. You'll find an engaging discussion of the competencies and skills that must be mastered to become a world-class contract negotiator. The book features a proven effective contract negotiation process, supplemented with numerous tools, forms, templates, case studies and best practices.
Handbook of Security Contract Negotiation by Tatiana Outkina Pdf
Negotiating and understanding the nuance of IT threats and solutions is critical to all businesses, and professionals often need guidance when detailing IT security in contract negotiation. This handbook offers quicker and easier negotiation strategies for both buyers and sellers, and offers comprehensive insights into many issues as well as suggestions for resolutions. The business world is made of relationships between companies and their outside partners, such as suppliers, vendors, and customers. From a security perspective, these partnerships are not under the full control of any participant. Security strength is dependent on mutually-agreed upon solutions defined and provisioned in the contract language. The problem is how to ensure that these requirements are simultaneously mutually acceptable and thorough, delivering required protection to each partner. Every business wants to lower the cost of contract negotiation, and ensure a comprehensive agreement. This handbook is a guide to contract preparation, and is packed with wisdom only gained through extensive field experience and long-term work with the analysis of contradictions in security requirements.
This comprehensive manual is on the negotiation of business contracts. Detailed attention is given to negotiation principles, including choice of negotiator, planning, preparation, strategy and tactics. Tricks of the negotiation trade are covered, including ploys, body language, listening and questioning skills. It includes discussion of the legal basis for negotiations and the mechanics of company organization.
Understanding and Negotiating Construction Contracts by Kit Werremeyer Pdf
Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.
Negotiating a Labor Contract by Charles S. Loughran Pdf
Labor negotiation is like no other negotiation. This book tells you how to plan your strategy, approach difficult topics, and conclude successfully. In step-by-step chapters, the author tells you how to prepare the management team, present your agenda, cost out demands and offers, draft contract language, and more. You get important background facts on negotiating health and welfare benefits, pension plans, and other volatile issues. Plus, the book includes successful approaches for negotiating joint union-management programs such as stock-option plans and gainsharing. The author explains the law with real-life examples to guide you to a cooperative, mutually beneficial agreement.
International Association for Contract and Commercial Management(IACCM)
Author : International Association for Contract and Commercial Management(IACCM) Publisher : Van Haren Page : 657 pages File Size : 53,6 Mb Release : 2011-11-11 Category : Education ISBN : 9789087536282
Contract and Commercial Management - The Operational Guide by International Association for Contract and Commercial Management(IACCM) Pdf
Almost 80% of CEOs say that their organization must get better at managing external relationships. According to The Economist, one of the major reasons why so many relationships end in disappointment is that most organizations 'are not very good at contracting'. This ground-breaking title from leading authority IACCM (International Association for Contract and Commercial Management) represents the collective wisdom and experience of Contract, Legal and Commercial experts from some of the world s leading companies to define how to partner for performance. This practical guidance is designed to support practitioners through the contract lifecycle and to give both supply and buy perspectives, leading to a more consistent approach and language that supports greater efficiency and effectiveness. Within the five phases described in this book (Initiate, Bid, Development, Negotiate and Manage), readers will find invaluable guidance on the whole lifecycle with insights to finance, law and negotiation, together with dispute resolution, change control and risk management. This title is the official IACCM operational guidance and fully supports and aligns with the course modules for Certification.
The Managers Guide to Understanding Commercial Contract Negotiation by Frank Adoranti Pdf
* Examples are given from "real-life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms You've been involved in weeks, or sometimes even months, of hard-fought negotiations. However, the deal is not done until it is written up--not until the final form of contract is agreed upon and executed. You have to have a basic understanding of commercial contracts and all their ramifications every step of the way. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.
International Association for Contract and Commercial Management
Author : International Association for Contract and Commercial Management Publisher : Van Haren Page : 272 pages File Size : 55,9 Mb Release : 2013-09-23 Category : Education ISBN : 9789087537128
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.
A Hands-On Guide for Contracting in the Cloud Stephen Guth's latest book zeros in on the high-stakes negotiations of Software as a Service procurements. Covering topics from audit rights to data privacy to service levels, the Contract Negotiation Handbook: Software as a Service dissects a cloud computing contract line-by-line with easy to understand explanations, preparing you to successfully counter service provider negotiation ploys. Based on years of real-life experience, the practical negotiation tactics described in this how-to book could save you money on your next cloud computing procurement and protect you from taking on unnecessary risk. Whether you're an attorney, a procurement professional, or just looking to get the best possible deal, this book has something for you. Don't negotiate your next cloud computing contract without it!
Contract and Risk Management for Supply Chain Management Professionals by X. Paul Humbert,Robert C. Mastice Pdf
What Will This Book Do for You? This book provides a survival manual for anyone involved in the crafting, structuring, negotiating, supporting or managing contracts involving commercial transactions of goods, services or both. It blends the practical with general legal principles and highlights best practices for supply chain professionals and anyone else involved, directly or indirectly, with the generation or management of contracts from cradle-to-grave. Even commercially wise and sophisticated organizations can be untrained and unaware of certain gaps and traps in the management of their contracts. This book addresses those pitfalls and provides lessons learned and guidance that are not typically taught at the college or even graduate school level. Experience can be hard and expensive to come by and this book provides a concentrated dose of experience that immediately raises the reader's level of sophistication and awareness for gaps and traps while providing practical solutions to pitfalls that can haunt any organization. Left unchecked, these pitfalls can lead to dysfunction and confusion; both of which can be an expensive proposition in today's competitive and uncertain economic environment. Who Should Use this Book? Supply Chain Management Professionals, Risk Managers, Insurance Experts, Project Managers, Purchasing Agents, Contract Administrators, Executives and any business or technical professionals who are involved with developing, managing or implementing projects, purchases or any complex transaction or procurement where cost, schedule and scope certainty are important. What Does This Book Cover? This book covers how the relationship of the parties affects commercial transactions and addresses the importance of upholding the integrity of the process and the contract by understanding key supply chain best practices. The book focuses on contracting strategies and approaches including how to structure requests for proposals and instructions to bidders as well as key considerations in pricing and pricing adjustments, risk management tools and techniques, the importance of defining the deliverables and outcomes, negotiation strategies and techniques, negotiating warranties and remedies, applying leadership and influencing skills to the process, how to implement sound change management as well as capturing and applying past lessons learned. In addition, special attention is given to the importance of sound "kick off" and "close out", including termination for cause or convenience techniques and other best practices.
