Contracting With Contracts

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A Short Guide To Contract Risk

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Author : Helena Haapio
language : en
Publisher: Routledge
Release Date : 2017-03-02

A Short Guide To Contract Risk written by Helena Haapio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.

Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.

A Guide To It Contracting

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Author : Michael R. Overly
language : en
Publisher: CRC Press
Release Date : 2012-12-18

A Guide To It Contracting written by Michael R. Overly and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-18 with Business & Economics categories.

Even leading organizations with sophisticated IT infrastructures and teams of lawyers can find themselves unprepared to deal with the range of issues that can arise in IT contracting. Written by two seasoned attorneys, A Guide to IT Contracting: Checklists, Tools, and Techniques distills the most critical business and legal lessons learned through the authors’ decades of experience drafting and negotiating IT-related agreements. In a single volume, readers can quickly access information on virtually every type of technology agreement. Structured to focus on a particular type of IT agreement, each chapter includes a checklist of essential terms, a brief summary of what the agreement is intended to do, and a complete review of the legal and business issues that are addressed in that particular agreement. Providing non-legal professionals with the tools to address IT contracting issues, the book: Contains checklists to help readers organize key concepts for ready reference Supplies references to helpful online resources and aids for contract drafting Includes downloadable resources with reusable checklists and complete glossary that defines key legal, business, and technical terms Costly mistakes can be avoided, risk can be averted, and better contracts can be drafted if you have access to the right information. Filled with reader-friendly checklists, this accessible reference will set you down that path. Warning you of the most common pitfalls, it arms you with little-known tips and best practices to help you negotiate the key terms of your IT agreements with confidence and ensure you come out on top in your next contract negotiation.

International Contracting Law And Practice

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Author : Larry A. DiMatteo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-10-25

International Contracting Law And Practice written by Larry A. DiMatteo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-25 with Law categories.

For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.

Contract Management And Administration For Contract And Project Management Professionals

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Author : Joseph Corey
language : en
Publisher:
Release Date : 2021-08-04

Contract Management And Administration For Contract And Project Management Professionals written by Joseph Corey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with categories.

The Expanded, Enhanced, and Updated (810 Pages, 2 Volumes) Second Edition of the Must Have Information and Reference Book Designed to Guide Contract and Project Management Professionals to More-Effectively Plan, Prepare, Manage, and Administer RFPs and Contracts and Manage Contractors. - This Book provides discussions of the Legal Basics of Contracts and Contracting and the Theories, Principles, and Strategies of Contracting and Contract Management and Administration and introduces, describes, and discusses the author's unique and breakthrough concept of the Ten Stages of the Contracting Process which is a practical breakdown of the Contracting Process into Ten Interdependent Stages from planning and structuring the Request for Proposal (RFP) to Contract Close Out, Post Contract Requirements, Evaluating the Contract Documents, and Evaluating the Performance of Each Party. The Ten Stages of the Contracting Process provides Contract and Project Management personnel with a structured process to more efficiently and effectively plan, prepare, negotiate, manage, control, and evaluate RFPs and Contracts and manage and administer contracts and manage contractors resulting in well-prepared and well-managed RFPs, Contracts, and Contractors resulting in Successful Contracts and Projects. - This Book Includes - 1) Comprehensive Discussions of Contract Types/Forms, Applications, and Risks; 2) Examples of Check Lists, Forms, Formats, and Agendas used to Plan, Prepare, Manage, Administer, and Evaluate RFPs, Contracts, and Owner and Contractor Performance; 3) Examples of Practical Applications, Best Practices, Analytical Evaluations, and Lessons Learned; 4) Examples of Terms and Conditions and Definitions used in Contracts; - This Book Discusses - 1) The Integration of the Ten Stages of Contract Management with the Six Phases of Project Management and the Seven Phases of Engineering; 2) Contract Cost and Schedule Estimate Risks Based on Scope and Engineering Development; 3) Structuring the Correct Contract Type/Form Based on Scope and Engineering Development; 4) Structuring Contracts for Engineering Services with Example Formats, Agendas, and Terms; 5) Benefits and Pitfalls of Target Cost Contracts and Cost Reimbursable Contracts; 6) Pitfalls of Negotiating a Contract with a Sole or Single Source or Preferred Contractor; 7) Pitfalls of Proceeding with the Contract Work with Insufficient Engineering Documents; 8) Candid Discussions and Examples of How to Structure Effective Contract Incentives and Damages; 9) Warranties and Remedies Applicable to Contracts, Contract Work, and Completed Projects and Items; 10) Claims and the Claims Avoidance, Prevention, Management, Mitigation, and Analyses Processes; 11) Risk Management and Organizational and Human Performance Evaluation and Improvement Programs; 12) Examples of Successful and Not So Successful Contracting Situations; 13) The History of Westinghouse Electric Corporation and Westinghouse Electric Company, LLC, with Significant Contracting Lessons Learned Which Caused the Demise of Westinghouse Electric Corporation and the Bankruptcy of Westinghouse Electric Company, LLC; 14) The History of U.S. Nuclear Technology Development; the Development of Commercial Nuclear Power Plants; and Applicable Contracts and Projects Problems and Lessons Learned with Emphasis on Organizational and Human Performance Improvement Programs. The focus of this book is to improve the Contract Management skills of Project and Contract Managers, Contract Administrators, Project Engineers, Project Controls Managers, and other personnel involved in planning and executing projects requiring large, complex contracts for services, materials, and the design and fabrication of specially engineered components. The concepts, principles, strategies, and formats covered in this book are applicable to developing and managing all types of major contracts and both private and public contracts.

Contract And Commercial Management The Operational Guide

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Author : International Association for Contract and Commercial Management(IACCM)
language : en
Publisher: Van Haren
Release Date : 2011-11-11

Contract And Commercial Management The Operational Guide written by International Association for Contract and Commercial Management(IACCM) and has been published by Van Haren this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-11 with Education categories.

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.

Fundamentals Of Contract And Commercial Management

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Author : International Association for Contract and Commercial Management
language : en
Publisher: Van Haren
Release Date : 2013-09-23

Fundamentals Of Contract And Commercial Management written by International Association for Contract and Commercial Management and has been published by Van Haren this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-23 with Education categories.

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.

Practical Guide To Engineering And Construction Contracts

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Author : Philip Loots
language : en
Publisher: CCH Australia Limited
Release Date : 2009

Practical Guide To Engineering And Construction Contracts written by Philip Loots and has been published by CCH Australia Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.

This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

World Class Contracting

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Author : Gregory A. Garrett
language : en
Publisher: CCH Incorporated
Release Date : 2015

World Class Contracting written by Gregory A. Garrett and has been published by CCH Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

Unleash the power of outsourcing with this hard-hitting, concise resource for contract management. In today's highly specialized business world, many organizations are outsourcing to strategic partners in an effort to cut costs while maintaining good customer relations. Because their reputation is on the line, these companies must carefully manage partnership agreements, e-procurement solutions, and integrated supply chains to meet the exacting expectations of customers. A strong contract management program is paramount to companies that outsource, paving the way to stronger and more efficient business relationships that enhance, rather than reduce, the bottom line. World-Class Contracting can help you gain a thorough understanding of the contracting process. Whether you are buying or selling contracts, this book will prove an invaluable desktop resource. This new, Sixth Edition is fully updated to reflect recent changes in laws, regulations, and business practices. In addition to significant revisions to existing material, the text contains two entirely new chapters on unauthorized commitments and constructive changes, and creating a world class contracting organization.

Contract Management

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Author : Peter Sammons
language : en
Publisher: Kogan Page Publishers
Release Date : 2017-07-03

Contract Management written by Peter Sammons and has been published by Kogan Page Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Business & Economics categories.

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.

Understanding And Negotiating Turnkey And Epc Contracts

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Author : Joseph A. Huse
language : en
Publisher: Sweet & Maxwell
Release Date : 2002

Understanding And Negotiating Turnkey And Epc Contracts written by Joseph A. Huse and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.

This work aims to keep criminal lawyers up to date with the latest cases and legislation, and includes longer articles analyzing current trends and important changes in the law. Drawing all aspects of the law together in one regular publication, it allows quick and easy reference