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Author: Ralph Schuhmann Publisher: Springer Nature ISBN: 3662584824 Category : Business & Economics Languages : en Pages : 430
Book Description
The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.
Author: Ralph Schuhmann Publisher: Springer Nature ISBN: 3662584824 Category : Business & Economics Languages : en Pages : 430
Book Description
The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.
Author: Anuj Saxena Publisher: J. Ross Publishing ISBN: 1932159908 Category : Business & Economics Languages : en Pages : 345
Book Description
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.
Author: Brian Greenhalgh Publisher: Routledge ISBN: 1317549422 Category : Architecture Languages : en Pages : 236
Book Description
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.
Author: Ali D. Haidar Publisher: Springer Nature ISBN: 3030722651 Category : Technology & Engineering Languages : en Pages : 195
Book Description
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.
Author: Alain Brunet Publisher: Springer Nature ISBN: 3030680762 Category : Law Languages : en Pages : 292
Book Description
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: Joseph Corey Publisher: ISBN: Category : Languages : en Pages : 338
Book Description
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.
Author: X. Paul Humbert Publisher: ISBN: 9780615956718 Category : Business logistics Languages : en Pages : 312
Book Description
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.
Author: Kevin Lyons Publisher: Pluto Press ISBN: 9780745313412 Category : Business & Economics Languages : en Pages : 178
Book Description
Supported by WWF this vital new book demonstrates how to make environmentally sound purchasing decisions. Drawing on his experience as the head of purchasing for a major American university, Kevin Lyons offers a practical guide to responsible purchasing. Working for a university with a population of 60,000 Lyons faced the challenge of how to reduce damage to the environment while still meeting the needs of this community.Lyons covers the key areas including:• purchasing policy design and implementation strategies • how to write environmentally-sensitive contracts• the relevance of environmental laws • understanding the competitive bidding process• enforcing the environmental responsibilities of suppliers • developing corporate leadership strategies• putting contractual enhancements into action• developing national and international environmental partnerships
Author: Ralph Schuhmann
Author: Ralph Schuhmann
Author: Anuj Saxena
Author: Brian Greenhalgh
Author: Ali D. Haidar
Author: Alain Brunet
Author: National Contract Management Association
Author: Joseph Corey
Author: X. Paul Humbert
Author: Ray Carter
Author: Kevin Lyons