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LATEST FROM THE IACCM NETWORK

Design One Build Many

Hello folks - anybody have any good articles/literature on the practice of "design one, build many" ? Thanks Jim

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Contract Management Salaries in Montreal

Atos is currently searching for a Contract Manager in Montreal with 5 to 10 years of experience. This is Atos' first such hire in Canada and we are finding that many of the qualified candidates are asking for salaries significantly higher than similar positions in other parts of the world. Does anyone have any data on contract manager salaries in Montreal that could help me gauge the labor market there? Thanks!

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How to handle a dominating client?

Thanks for the interesting article. From my experience, i've encountered number of client who likes to dominate the contract administration and project execution process. Does anyone know if there are any case studied that i reference and also share my opinion?

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Part Number vs Description

We are working on a project whereby the Engineer's tender document had an error in the specification where they listed a part number and a description of the part, however, the 2 were marginally different and we priced according to the part number, which turned out to be the incorrect part. The order of precedence has specifications above drawings; I've confirmed that drawings did not give any indication into the part. The engineer is saying that we ought to have reasonably known there was a conflict in the part number vs the description and the owner does not want to bear the cost for this correction. We have not yet ordered the products nor have we submitted any shop drawings or product sheets. Since the order of precedence isn't going to help here, what has been your experience when there is a conflict between a part number and the description of a part? I can confirm that the contract does not have a precedent of part number vs a description.

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UELA (unlimited enterprise license agreement)

Does anyone in this forum ever have experience in UELA? What are the main articles for such contract? Please advise. Thank you!

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More dates please!

Unfortunately I can't make any of the dates for the Performance and Outcome Based Contracts course and I'd love to do the entire 4-day package - will IACCM be running more dates next year?

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Backdating a Contract

We are currently in Contract extension negotiations with our Customer. The existing IT Outsource Contract expires at the end of June 2019, but the Customer wants to extend a Contract "on new service terms and charging model". This we have just commercially agreed and are now in MSA and Schedule drafting and negotiating mode. However, as part of the deal to extend for 3 years the Customer has stipulated that the new contract and charging mechanism is to start from 1st September 2018. It will take 6 weeks to complete the drafting and negotiations to signature stage, so I would like to ask if anyone has experienced "backdating" a contract at signature stage? There are obvious considerations around liabilities and risk of accepting service terms that are better than being delivered at present. What caveats should I add into contract to protect us?

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Sole Remedy for Performance & Default

Hi, If a contract has a sole remedy clause for performance (penalties applied in the event of late delivery up to a cap of 10%) are you also able have a termination right for cause which notes that if that cap is hit or delivery is not in accordance with the delivery schedule they are able to encash any performance guarantee? Also it notes that the provisions of that clause is in addition to any other rights the contractor has? I would be grateful for anyones thoughts? Many thanks

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One contract, different billing entites

Hello. We have taken one order which requires billing certain services to more than one non-UK entity (due to EU VAT exemptions). Normally, our contracts only allow us to bill the entity that we are contracted with and no one else therefore an alternative is to novate selected services to the new entity where possible. This is the only fix we have without getting Sales involved post delivery of a contract. This is extremely time consuming, so I was wondering if other organisations have the same issue? I know that when on-boarding a customer the sales folk should maybe ask the question about who they want the invoice to go to, but due the nature of sales it's easier for them to put everything on one order (I totally understand that no one likes admin!). If there a more efficient way of dealing with this contract bill requirement?

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Templates

Templates are good to have however, there is no "One Size Fits All" approach every template requires some amount of tailoring as every deal is different. Having said that templates definitely save lot of time and energy which otherwise would have been spent in typing and proof reading. The bottom line is that organizations must have templates but they cannot be considered as panacea to all the legal drafting problems.

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Contract Negotiation - Partcipation

I believe that being an appropriate stakeholder it is imperative to participate in the contracting process from the word "go". There are obvious benefits in doing so firstly, the person would be calibrated with the scope and requirements from the scratch, secondly, would be aware of the disagreements regarding the clauses, if any, thirdly, there will be no time lost in updating the relevant stakeholder who would have joined the race in the end.

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