The Managers Guide to Understanding Commercial Contract Negotiation

The Managers Guide to Understanding Commercial Contract Negotiation
Author: Frank Adoranti
Publisher: Global Professional Publishi
Total Pages: 284
Release: 2003
Genre: Business & Economics
ISBN: 9780852977200

* 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.

The Contract Negotiation Handbook

The Contract Negotiation Handbook
Author: Stephen Guth
Publisher: Lulu.com
Total Pages: 212
Release: 2007-12-20
Genre: Business & Economics
ISBN: 1435706390

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.

Understanding and Negotiating Construction Contracts

Understanding and Negotiating Construction Contracts
Author: Kit Werremeyer
Publisher: John Wiley & Sons
Total Pages: 390
Release: 2023-07-19
Genre: Law
ISBN: 1394150202

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.

Understanding and Negotiating EPC Contracts, Volume 1

Understanding and Negotiating EPC Contracts, Volume 1
Author: Howard M. Steinberg
Publisher: Taylor & Francis
Total Pages: 263
Release: 2016-10-14
Genre: Business & Economics
ISBN: 1317005236

In Understanding and Negotiating EPC Contracts, Volume 1, Howard M. Steinberg presents a practical and comprehensive guide to understanding virtually every aspect of engineering, procurement and construction (EPC) contracts for infrastructure projects. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. Emphasizing current market practices and strategic options for risk sharing, the book contains a narrative explanation of the underpinning of all of the issues involved in EPC contracting. Exhaustive in scope, it clarifies the fundamental commercial principles and pitfalls of "turnkey" contracting for all types of capital investments ranging from electrical and thermal power generation (including combined heat and power, nuclear, wind, solar, natural gas and coal) to refining, to chemical processing to LNG liquefaction and re-gasification to high speed rail, bridging, tunneling and road building. Providing clear and thorough analyses of the issues and challenges, this volume will be of great value to all those involved in complex construction projects.

International Commercial Agreements and Electronic Commerce

International Commercial Agreements and Electronic Commerce
Author: William F. Fox
Publisher: Kluwer Law International B.V.
Total Pages: 371
Release: 2018-03-26
Genre: Law
ISBN: 9041170081

Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.

Government Contract Negotiations

Government Contract Negotiations
Author: David C. Moore
Publisher:
Total Pages: 296
Release: 1996-04-05
Genre: Business & Economics
ISBN:

In order to provide you with a competitive edge in your negotiations, the author, a former government contracting officer, provides a unique insider's look at the way government agencies handle the various negotiation procedures and what they look for in a prospective service contractor. He provides specific, practical advice on how to write effective technical proposals and how to arrive at a competitive price, including how to determine the amount to profit to include in your proposal.

The Negotiation Book

The Negotiation Book
Author: Steve Gates
Publisher: John Wiley & Sons
Total Pages: 240
Release: 2015-10-08
Genre: Business & Economics
ISBN: 1119155525

Winner! - CMI Management Book of the Year 2017 – Practical Manager category Master the art of negotiation and gain the competitive advantage Now revised and updated, the second edition of The Negotiation Book will teach you about one of the most important skills in business. We all have to negotiate at some point; whether in the office or at home and good negotiation skills can have a profound effect on our lives – both financially and personally. No other skill will give you a better chance of optimizing your success and your organization's success. Every time you negotiate, you are looking for an increased advantage. This book delivers it, whilst ensuring the other party also comes away feeling good about the deal. Nothing will put you in a stronger position to build capacity, build negotiation strategies and facilitate negotiations through to successful conclusions. The Negotiation Book: Explains the importance of planning, dynamics and strategies Will help you understand the psychology, tactics and behaviours of negotiation Teaches you how to conduct successful win-win negotiations Gives you the competitive advantage

Drafting and Negotiating Commercial Contracts

Drafting and Negotiating Commercial Contracts
Author: Mark Anderson
Publisher: Bloomsbury Publishing
Total Pages: 425
Release: 2023-02-13
Genre: Law
ISBN: 1526517256

This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Negotiating a Labor Contract

Negotiating a Labor Contract
Author: Charles S. Loughran
Publisher: BNA Books (Bureau of National Affairs)
Total Pages: 600
Release: 1992
Genre: Business & Economics
ISBN:

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.