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Dispute, Claim and Conflict Management

 
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Value destruction or value for money: sometimes a hard call

The ideas behind value engineering are not new. In fact, they go back to the 1940s, when the construction industry, in particular, was seeking new and more scientific ways to guide its purchasing decisions. It would not be unreasonable to assume that the methodology and its use would have matured by now. But you would be wrong; it has actually gone backwards.

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IACCM 2019 Benchmark Report

More than 750 organizations participated in IACCM's latest study, which covers all the critical areas of organizational design and performance. Reporting lines, performance measures, role and responsibilities, headcount, sources of learning - these and more are covered with extensive data, analysis, and IACCM observations and commentary. When reviewing the findings, please remember that in many cases they may reflect an average. Where necessary, you may wish to contact us to obtain more precise data applicable to your industry or size of organization. Equally, you may wish to contact us about undertaking a process capability assessment and workshop to assist your improvement journey.

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IACCM Member Meeting, Singapore

IACCM Member Meetings are a great opportunity for members, guests, and anyone in Procurement, Contracting, Legal, Sales and Commercial Management to network and hear the latest news from around the globe. On 21 August 2019, IACCM Director, Member Services and Business Operations, Asia Pacific, Jennifer Jarrard facilitated the IACCM Member Meeting in Singapore. This event was open to all IACCM members, member's guests, and anyone in the procurement, contracting, and commercial space, and was free to attend thanks to our hosts Eversheds Harry Elias LLP. Click below to download the following presentations:-

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Terminating a Contract

We have a contractor for a service and we are looking to part ways with the vendor. The contractor has emailed us and said they are no longer interested in performing the service and we are happy with letting them go. Can this email work as a means to terminate the contract? Also from a legal aspect how do we handle this? Is a simple email back to them sufficient to confirm this termination arrangement? Thanks in advance for your help. Dale

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Acquisition of Companies

Hi All, I'm interested to know what steps you take when a company notifies you of an acquisition? We get a lot of requests to move the contract and invoices to new entity since the existing contract holder is no longer in a position to pay for services (been absorbed / no longer trading under contracted name). We do our checks to make sure it's a legitimate request so I understand the need to transfer the contract but is there a standard way of dealing with these types of requests to avoid potential risks? I know a novation would not be appropriate as we would be unable to obtain Director signature of a company that no longer exists. What other methods are available? Thanks!

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Claim resolution - estimated values?

Can anyone offer (without violating NDAs and other confidentiality provisions) a value they use to estimate what payouts might be (%) for claims over a long-running infrastructure project (multiple contractors involved)? Owner seeks values to use as benchmarks and as input to EAC for Project.

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Can Service Provider charge to Customer for efforts spent on submitting rejected Project ?

If Client ask for a project and delivery put some efforts to develop estimation and submit it to client. Client disapprove the Project. In this case can service provider claim efforts spent on submitting the estimation ?

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Templates

I work as a Contract Manager for Indirect Procurement. One of our challenges is getting our internal clients to push our templates out to our vendors. We have limited internal data on how quickly one of our templates is approved versus a vendor's template. We are working to get more data to support the use of our templates. How have others addressed this issue at their organziations? Is there some benchmarking data out there that I could look at?

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Personal liability for employee's unauthorized signature of a contract?

Our company has just released a revised signature policy outlining in detail the proper signatories for our commercial contracts and other agreements. The question has come up whether employees who lack authority to sign under the policy may be subject to personal liability for breach of the contract. I am definitely familiar with Article 3-403 of the UCC, but that deals more with agency and holders in due course rather than employees. Furthermore, I have seen both sections of state statutes and examples of contract sections that deal with personal liability of employees lacking authority to sign in the academic setting. However, I am curious whether anyone can cite specific examples of either (American) state or federal statutory or common law regarding such liability in the commercial or non-academic setting. I thank you very much in advance for your responses.

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