The Manager's Guide to Understanding Commonly Used Contract Terms

The Manager's Guide to Understanding Commonly Used Contract Terms PDF

Author: Frank Adoranti

Publisher: Global Professional Publishi

Published: 2006

Total Pages: 198

ISBN-13: 9780852977583

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* 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 * Helpful resource for corporate managers This book will familiarize the reader with the look and feel of particular contract clauses (often called boilerplate clauses) that are important in commercial contracts. In negotiations, some executives will only scrutinize the commercial or "deal" terms of the contract. The rest is usually left "for the lawyers to sort out." However, the boilerplate clause will usually govern or regulate the other commercial or "deal" clauses. They play a vital part in the contract. It is only through the process of familiarization that you can begin to understand their effects. The important thing is to be able to identify these clauses and to understand what they are trying to achieve by their inclusion in the contract, which will place you well ahead of most other business executives in this area.

The Managers Guide to Understanding Commercial Contract Negotiation

The Managers Guide to Understanding Commercial Contract Negotiation PDF

Author: Frank Adoranti

Publisher: Global Professional Publishi

Published: 2003

Total Pages: 284

ISBN-13: 9780852977200

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* 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.

Fundamentals of Contract and Commercial Management

Fundamentals of Contract and Commercial Management PDF

Author: International Association for Contract and Commercial Management

Publisher: Van Haren

Published: 2013-09-23

Total Pages: 272

ISBN-13: 9087537123

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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.

Contract and Commercial Management - The Operational Guide

Contract and Commercial Management - The Operational Guide PDF

Author: International Association for Contract and Commercial Management(IACCM)

Publisher: Van Haren

Published: 2011-11-11

Total Pages: 657

ISBN-13: 9087536283

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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.

Enterprise Contract Management

Enterprise Contract Management PDF

Author: Anuj Saxena

Publisher: J. Ross Publishing

Published: 2008-02-15

Total Pages: 345

ISBN-13: 1932159908

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Globalization, increased economic and geopolitical uncertainty, technological advancements, and a rise in the number of regulations and legislations have led to a significant rise in the importance, volume, and complexity of modern contractual agreements. Yet, in spite of these profound changes, many organizations still manage the contracting process in a fragmented, manual, and ad-hoc manner, resulting in poor contract visibility, ineffective monitoring and management of contract compliance, and inadequate analysis of contract performance. The net effect of this has been a heightened interest in re-engineering and automation of Enterprise Contract Management (ECM) processes across industry sectors and geographies. Enterprise Contract Management: A Practical Guide to Successfully Implementing an ECM Solution addresses all the questions surrounding ECM, ECM solutions, and the project management, change management, and risk management considerations to ensure its successful implementation. This concise text will help your organization manage the challenges of the contract life cycle and the key success factors and pitfalls in a typical ECM solution. It is a must read for corporate executives, buyers, procurement and strategic sourcing specialists, contract administrators and procurement managers. There is currently no other book available on ECM solutions. All existing books on contract management focus on the legal aspects of contracts, but none describe the functions, features, capabilities of technology solutions that support ECM, nor do they explain the key considerations for ensuring a successful ECM solution implementation.

Contract Management

Contract Management PDF

Author: Peter Sammons

Publisher: Kogan Page Publishers

Published: 2017-07-03

Total Pages: 281

ISBN-13: 0749480653

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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.

Handbook of Contract Management in Construction

Handbook of Contract Management in Construction PDF

Author: Ali D. Haidar

Publisher: Springer Nature

Published: 2021-06-10

Total Pages: 195

ISBN-13: 3030722651

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This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.

The Commercial Manager

The Commercial Manager PDF

Author: Tim Boyce

Publisher: Thorogood Publishing

Published: 2007

Total Pages: 418

ISBN-13: 1854183583

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The Commercial Manager is the complete handbook for practitioners across all sectors of commerce and industry and covers every aspect of this multi-faceted role. Commercial management covers a large range of different and crucial functions including contract negotiation, procurement, financial management, risk management, project management--and yet until now the subject has rarely if ever been treated as a single discipline. This book fills that important gap. Written by authors with wide practical experience, The Commercial Manager offers expert, accessible and practical guidance on all the British legal, commercial and planning aspects of this crucial management role. It will serve as an indispensable handbook for managers in both the private and public sectors. Part One covers commercial awareness and relationships, the contract and negotiation techniques. Part Two explores techniques of risk management and Part Three provides expert advice on planning and project management.

Contract and Risk Management for Supply Chain Management Professionals

Contract and Risk Management for Supply Chain Management Professionals PDF

Author: X. Paul Humbert

Publisher:

Published: 2014-01-19

Total Pages: 312

ISBN-13: 9780615956718

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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.

Introduction to Construction Contract Management

Introduction to Construction Contract Management PDF

Author: Brian Greenhalgh

Publisher: Routledge

Published: 2016-08-05

Total Pages: 236

ISBN-13: 1317549422

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This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator’s resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK. The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage: Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management; Part B covers managing the construction stage, contractor performance and relationship management; Part C covers finalising the construction stage, project completion and close-out; Part D covers claims and disputes. Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.