• Contract Manager Canada Inc.
If the project is delayed by the Employer... first make sure that there were no delay causes by the Contractor on the previous agreed milestones, for you to be fully eligible for a compensation. Now the tricky part to kick in, is the delay resulting to only warranty extension, which means that all construction, installation and pre-commissioning done? Just ensure that you've all signed-off documents that it's pre-commissioned. if so, your service team will provide an additional cost for extra-warranty coverage and you can lever it as a scope-creep. This is not an issue, if all of your works are completed and no more to come back to do additional works, then you need to add remob to commissioning cost plus the extended warranty cost and get a CO prior to agreement of extension. Don't forget to have your insurance company informed on this extension, as they were notified of previous warranty commitment, not the new one. Hope this serves.
• Seiersen Enterprises
It strikes me that the actual costs of extending the warrantee might be considered.
These may be nil if the delay in the project delays the in service date, and thus the risk of fault.
The onus might be put on the supplier to prove the materiality of additional warrantee costs whatever they might be.
• Capgemini India
As warranty effort is provisioned to fix bugs of contractor's defects, since the delay is caused by the Employer, the Contractor is entitiled to claim additional cost. Not only is this instance 'due to failure of the employer (customer)', which is not due to cause by the contractor, there could also be a delay in the service start date, which means the plans for service could be impacted. Therefore, I believe the additional cost is justified.
Our service department has actually been able to provide a number for us by unit of what an additional year of warranty costs us. Do you know how much the first year costs you? You could always just submit that as an estimate for year two.
New International Technology Co.
Mediocrity may apply at two levels - individual or process. In my experience, mediocre negotiators can still achieve good results if there is an excellent process, but the opposite may not be true. What do you think?
• New International Technology Co.
it is an interesting point ; in other words, how an individual can 'survive' a mediocre organization and tot only specifically on negotiations...or viceversa ; I have experienced both the cases: most probably an excellent process prevails, it has to, also because it would be difficult for an excellent individual alone to substantially modify a mediocre process ; but, again, that's very interesting from the point of view of dynamics
Bombardier Transportation Austria GmbH
The original ROI report led to further work captured in the Ten Pitfalls report.The 9.2% was an average bottom line loss made up of procurement and sales leakages; analysis shows significant variations by industry . Members who have used the data to support internal analysis have validated the study findings and showed many had even higher losses. You can use the Ten Pitfalls as a checklist of a sample of your contracts to see the extent to which such issues are occurring and the scale of impact.
Using the IACCM Maturity Model will also reveal which process weaknesses are adding to the losses.
Picking up on Jennie's reply, we used the ten pitfalls in the way indicated and have been able to generate substantial revenue improvements as a result. Our work looked at just sales contracts and is for capital projects and support services in the oil and gas sector. The approach we took was to explore how many of our agreements delivered below forecast revenues and / or margins And focus initial analysis on those
Thanks, Phyllis, I am glad that you found the webinar helpful; it was certainly a great session to moderate, with some really good questions at the end. I agree - we often don't pay enough attention to the learning style and the impact that has on how information is absorbed. Paul Branch
Me too. I would be interested to hear what others have found in selection of a CLM.
I am not a buyer of CLM solution but a seller. I work for EY and have developed a easy plug-in and use SharePoint based CLM solution. Would be happy to participate in the RFP/RFI process. My email ID is: Kulbir.firstname.lastname@example.org.
As for my tool the below features are available at extremely reasonable pricing and very easy to use format.
Integration with Clients' system
Repository of Contracts
Templates uploading and downloading
OCR File Scanning
Dashboards and Reports
Alert and Notifications
Multiple Filtering options
Selecting form Templates
Download Reports/Export meta data to excel
Upload templates to a selected workspace
Create new user accounts
Reset user accounts
Edit access to users
create new workspace
upload templates to a master database
Easily Customizable App UI
Contract Clause Library
Intake form that can integrate with single sign on (SSO)
Compliance with other regulations
• Fire and Emergency NZ
Hi Geoff. We found a lot of the systems on the market, whilst all really good, focussed on workflow. Emails and notifications of moments and issues galore. I've always found that you don't need that if you have the right team, this isn't needed. They know what thy have to do, what stage in the process and when. So that for me was a major issue.
The second thing is a lot of them have lots of functionality around the back and forth and negotiation of clauses. I'd suggest again if you have really good templates and good early engagement, you reduce the back and forth required and can get the benefits of quicker turnaround and e-signatures without a bigger system.
I would flag that you should not underestimate the work required to get your current information into the new system. It's probably going to be more than the annual fees to set up. In the RFP / RFI - get them to tell you their plans and costs for getting the records in the system. It's not just the scanning of records, but also the information in the contracts (milestones, conditions) that need to come in.
Finally, I'd really recommend that you bring in as many people as possible into this process, especially in the procurement team. The users and the team are the ones that will have to use this solution going forward and keep your records in that format for all of those wonderful visuals and reports that the new system spits out. I've seen and heard of many instances where the new CLM has failed because the team and users haven't brought into the solution.
We've been lucky with our solution (it's a simple one that we developed in house) because :
(a) it wasn't an all at once deployment. People have had time to think about the system and what it could do
(b) the team have then been able to take the system to an even higher level than anything I had in mind. Templates for contracts, evaluation and issues registers - all really awesome stuff that went way beyond my initial ideas.
I hope this aids your thinking, and if you want to talk further, please message me.
• BDO USA LLP
I saw your post this morning and wanted to reach out about your question. I lead the consulting practice at BDO USA LLP that focuses on precisely the scenario you are asking about. We are solution/platform agnostic and seek to ensure the "right" solution - regardless of vendor - is selected so that something that is too big or too complex isn't inadvertently chosen from the many, many good solutions out there. Feel free to give me a call at 703-770-4453 or email at email@example.com. I'd be happy to share my thoughts with you. Thanks! Tom
• Nimblex by EBMS
Our experience is to stay away from the big overnight system implementation but to partner with a super flexible technology so that you can start small and then incrementally digitise the processes the way you want and your staff would like to work. This is a more incremental way and allow for the necessary change management to run parallel.
Flexibility is the key i.e. shape the software around your processes, framework, desired way of working and policies. Do not try to shape your work procedures to fit a certain software. A good example is getnimblex.com/case-studies/yvw-procurement-and-contract-management/
In the US, Texas or New York are largely considered "neutral territory" whereas in Europe, until very recently UK law was considered neutral. I think that may change with the recent political upheaval.
• Ministry of Defence
Or try international trade law?
• Legal and Commercial Training Limited
In the case of one party proposing Indian law and the other proposing Singapore law, the parties may well choose the law of England and Wales as both Indian law and Singapore law are based upon English and Welsh common law. (Note that there is no such concept as "UK law" as one commentator has suggested below).
However, a party should consider a wide range of factors before proposing a particular governing law and should weigh up the legal and commercial advantages and disadvantages of all the options.
One factor may be the degree of certainty that a contract will be interpreted in a particular way. English law adheres to the doctrine of binding precedence. Some legal systems do not. This could lead to significant uncertainty as to how the law will be applied.
In English law, it may be perceived that the courts allow a greater degree of freedom of contract. Subject to certain exceptions, freedom of contract in English law means that commercial parties are completely free to make disastrous bargains. This illustrates the comparative reluctance of the English courts to interfere on policy or other grounds to rewrite the parties' contracts for them.
For example, in English law it is possible, provided very clear wording is used, to include an exclusion clause that excludes any and all liability whatsoever, even for a deliberate breach of contract. And there is still no recognition of a duty of good faith being applied generally to commercial agreements (but watch this space!). This may or may not be an advantage to you but it remains the case that the courts are likely to give effect to the wording of the contract without imposing their opinions as to what does or does not amount to good faith.
And you may wish to consider the approach of a particular legal system to particular clauses.
For example, in English law, a liquidated damages clause will be subject to the clarification set out recently by the Supreme Court with a subsequent judgment, applying that test, indicating that a freely-negotiated LD clause is likely to be upheld subject to the requirements set out by the Supreme Court. Under UAE law, such a provision would be subject to Article 390(2) of the Civil Code and either party may apply to the court to adjust the agreed amount of compensation so it is equal to the loss. If Indian law were to apply, we would have to consider the effect of section 74 of the Indian Contracts Act 1872.
English law will also recognise an asymmetric jurisdiction clause.
And it may be that the choice of law clause will be reflected in the choice of jurisdiction. So, English law and the English courts. If the choice of courts is to reflect the choice of law, it may well be the consideration should be given to the efficacy of the court system and the technical expertise and other qualities of the judges.