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Legal Network

The purpose of this Network is to provide its members with insights to new trends and emerging practices in the fields of contract, commercial and relationship management. While these will be in the context of the Legal sector, they will draw from knowledge and ideas that are current and relevant in other sectors.  A key goal is to improve the performance of contracts and relationships in the sector.

The objectives will be met by sharing ideas, discussing challenges, exploring new directions and, where appropriate, initiating research or inviting experts to present on key topics in the sector related to contract, commercial and relationship management.

Meetings will be virtual (by phone or webinar) unless in specific cases there is an agreed wish to have physical meetings or workshops to develop specific initiatives.

Group Mission/Vision:

Provide its members with insights to new trends and emerging practices in the fields of contracting, commercial and relationship management in the sector.

 
 
Network Updates

Ask The Expert (APAC): An Introduction to Performance Based Contracting

While deceptively simple, the benefits of Performance Based Contracts (PBCs) can be extremely difficult to deliver given the complexities and uncertainties that surround the practical application. However, highly successful PBCs have shown to be ones that balance the desired outcomes of both the buyers and seller through a form of commercial construct that drives the right behaviour in the seller, provides adequate commercial protections for the buyer, all within a usable commercial construct. This is achieved by balancing the requirements of each party with the consequences that provides both positive and negative incentives.During this Webinar, Dr Andrew Jacopino, will talk about PBCs including what they are, what benefits they provide, how they work and some key success factors to consider when setting up and managing a PBC.Thursday, June 26th 8:30 Mumbai 10 am Jakarta / Bangkok /  Hanoi 11 am Perth / HK / KL / Singapore / Manila / Beijing / Shanghai  Noon Tokyo / Seoul 1 pm Brisbane / Canberra / Sydney / Melbourne 12:30 pm Adelaide 3 pm Auckland / WellingtonOur Expert: Dr Andrew Jacopino Dr Andrew “Jacko” Jacopino joined Ngamuru Advisory in April 2018 as a Senior Advisor, a firm that was established to provide strategic and commercial advice to Commonwealth and State/Territory governments and their industry counterparts.Prior to this, Andrew was the Assistant Secretary of Supplier Analysis and Engagement (SAE&) branch within the Capability Acquisition and Sustainment Group (CASG) of the Department of Defence and responsible for establishing and leading a newly formed branch whose function is to enable CASG to make better business decisions by delivering timely and accurate supplier information, insight and management.  During this time designed and led the branch reform program which included revitalising the CASG Company Scorecard, designing a Supplier Knowledge Management System and establishing a Supplier Relationship Management (SRM) capability.  Of note, during this time Andrew led the Defence team in the re-tendering, evaluation and negotiation of the Commonwealth’s largest professional services panel, the Defence Support Services (DSS) panel including the CASG’s Major Service Provider (MSP) arrangement. Andrew joined the precursor to CASG, the Defence Materiel Organisation (DMO), in May 2013 as the Executive Director Contracting – Performance Based Contracting (PBC) and was responsible for establishment of the DMO PBC Centre of Excellence including PBC policy, guidance, templates and training, and delivering direct PBC support to DMO projects including development, tender evaluation, negotiation and execution of PBCs. Andrew is also an Australia and New Zealand (ANZ) Advisory Board member for IACCM.

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Talent: what's the answer?

A recent report from CAPS Research states that 70% of companies are experiencing a supply management talent shortage. Almost 40% say that recruiting in this field is more challenging than for any other function.

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'Procurement' and 'Purchasing' Are Different!

Procurement is often mistaken for purchasing, and the two terms are often used interchangeably. But those two functions are actually quite distinct-in their intent, the tasks they cover, the people involved and, most notably, what they accomplish.

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Can there be Sub-contracting Agreement between two companies (of different location) of same group ?

One of our group company signing Service Contract with ABC Company (External Client). This external clients whats to sign Sub-contracting Agreement with my group company and with my company too (these two are from same group). So there will be main Agreement between ABC Company with one of our group company and there will be another Sub-contracting Agreement between my group of companies. Can we enter in to such arrangement ?

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Parent Company Guarantee

We have a Guarantee Deed included in one of our overseas contracts, which was drafted by a legal firm in that jurisdiction, for that customer. Another prospect has reviewed a copy of the same deed but has requested one addition to the actual guarantee clause, as follows: "Any demand for payment or indemnity issued by the Client to the Guarantor, unless manifestly wrong, shall be conclusive and binding." We have approached the legal firm who drafted the document to comment, but they have declared internal conflict, in that commenting on the work previously drafted for one of their clients may present a risk of future conflict. I don't know the exact legal impact of this and wondered if anyone can help? a) Should we accept it? If we do what are the implications? OR b) If we should not accept this clause, why not? What are the legal / risk arguments for refusing? Many thanks

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EU Salary Info

I am located in NL and need an idea of average salaries to grow my team. Where can I find data on average salaries in the Netherlands from admin to exec level for contract managers? Thank you,

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