Contracting Excellence Journal

Law firms embrace technology more assertively these days - how come?

Posted by Ahmed Muslih Althagafi, A post-graduate Law Student, University of Leeds
Dec 30, 2021 1:47:45 PM

The future of lawyers - why law firms should not be only about lawyers? This article answers that question.

technology law pandemic VIRTUAL WORK BUSINESS MODELS

Posted by Nyree McKenzie, co-founder, and CEO of Bidhive, a collaborative cloud-based Software as a Service platform (SaaS)
Dec 30, 2021 1:40:20 PM

Too often bidding teams focus on opportunities to fill their pipeline and submit proposals for the business, but an inherent risk exists within bidding when pursuit becomes a numbers game. It is the processes and the decision-making that ultimately determine contractor bidding success.

risk management BIDDING PHASES CLOSED LOOP PROPOSALS cost

Posted by Yvonne Sophia Low, Business Partner, Negotiator, Certified Procurement, LLM
Dec 30, 2021 1:35:31 PM

The following two true scenarios are too often played out in a narrow business environment where parties resort to hardball tactics¹ to get what they want in the short-term - but ultimately both led to losses for all.

technology collaboration digital BUYER/SELLER

Posted by Beatriz Antona, Group Head of Contract Management - LCM, Atos
Dec 30, 2021 1:29:11 PM

Our Contracting Excellence Journal editor recently interviewed Beatriz Antona¹ about her unique story spanning her career choices and how each one took her to brighter destinations – and she just keeps going!

future CHANGEMANAGEMENT DIGITALIZATION TESTIMONIAL TALENT RETENTION

Posted by Dr Ray Carter MA, MCIPS, UK Licensed Paralegal Director of DPSS Training Consultants, UK & Worldwide
Dec 29, 2021 8:19:06 AM

Recently, I designed and delivered a one-day Effective Negotiation Skills training course for a London borough suffering from high levels of deprivation and social challenges. Social care in the UK has been underfunded for many years. My main goal was to teach the best strategies for negotiation within Adult Social Care and the placement of residents in care homes. This article surrounds good outcomes that can happen for brokers (negotiators) and their clients when they are negotiating adult home care placements. Careful strategies really do matter!

ADULT SOCIAL CARE negotiation strategy HOME PLACEMENT TRAINING BROKERS

Posted by Gary Crag, Manager, Contracts and Procurement SCM at Pembina Pipeline Corporation
Nov 26, 2021 9:16:57 AM

The legal opinions in this article are the author’s own, not WorldCC’s, and this is not legal advice.

Conventional wisdom would say that the biggest single mistake people make whether in life or in business is picking the wrong partner. Therefore, would the biggest risk companies make in business be to partner with the wrong consultant, supplier, or contractor? How could one avoid making such a mistake -- research to the nth degree or go with your gut? This article suggests that you consider using Qualifications Based Selection (QBS).

EVALUATION DATA ANALYSIS QUALIFICATIONS SELECTION BUSINESS PARTNER

Posted by Pallab Mukherjee, Head of Compliance & Corporate Governance, Bahrain National Gas Company (B.S.C)
Nov 26, 2021 8:37:38 AM

The legal opinions in this article are the author’s own, not WorldCC’s, and this is not legal advice.

When a subject-to-contract label is added to the content of a letter or e-mail, the label makes it explicitly clear that the content is not legally binding between the sender and the recipient of the letter or e-mail until a contract is executed by both parties. The “use of subject-to-contract label in negotiations effectively means that (a) neither party intends to be bound either in law or in equity unless and until a formal contract is made, and (b) each party reserves the right to withdraw until such time as a binding contract is made.”¹ This reflects the general principle that even if the parties have expressed their intent to sign a contract during the course of discussion or negotiation that has a subject-to-contract label, a binding agreement will not be formed based on the mere discussions unless a contract is executed by the parties.

contracts LEGAL DECISIONS INDIA COURT

Posted by Peter Sammons, Director at Buy Research Limited, a Cambridge UK based procurement consultancy
Nov 26, 2021 8:30:38 AM

The legal opinions in this article are the author’s own, not WorldCC’s, and this is not legal advice.

This three-part series focuses on challenges of third-party suppliers and reveals why advanced planning and proper interventions in the precontract, “commercial” phase of a project is essential before we can prevent avoidable problems. Part 1 covers ways to balance buying with integrating advanced technology. Part 2 follows with a critical question: do we consider the integration question properly?

supply chain management Covid-19 Suppliers THIRD PARTY lifecycle subsystem

Posted by Peter Sammons, Director at Buy Research Limited, a Cambridge UK based procurement consultancy
Oct 27, 2021 10:25:30 AM

This three-part series explores the theme of buying and integrating advanced technology. Today’s challenges can adversely affect technical projects involving a significant amount of third-party supply. Such projects often fail when subsystems fail to integrate properly. That’s why up-front planning and proper interventions are so important in the pre-contract “commercial” phase of a project to identify and remedy avoidable problems.

supply chain management Covid-19

Posted by Mohit Khullar Head - Management Services, SMEC (India) – a Surbana Jurong Group Company
Oct 27, 2021 10:16:31 AM

This is the second part of a two-part series surrounding surviving the effects of the pandemic in India:

Part 1 focuses on force majeure’s impact on contract management’s effectiveness in India.¹
Part 2 surrounds how the supply chain solution can survive under the pandemic’s impact and why it’s now time for India to “think beyond its border.”

supply chain management Covid-19

View all articles Next ›

Contracting Excellence Journal

Articles, news and insights from World Commerce & Contracting staffers and over 70,000 Members.

Law firms embrace technology more assertively these days - how come?

How predictive modelling improves bid economics and outcomes

Does a shift in collaboration affect you? If so, don’t miss this – contact clarity matters!

Contract Management – my bright star rising!

Negotiating adult care home placements in the UK

Gut feeling or qualifications-based selection, which is right?

Rebutting contractual intent: can subject-to-contract label be implied?

‘Getting it Right’ in advanced technology projects. Part 2: Considering technology integration with third-party suppliers

‘Getting it Right’ in advanced technology projects. Part 1: Advanced technology - make or buy?

Supply chain impact and solution under Covid-19 -- time for India to think beyond its border – Part 2

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