The Contract Negotiation Handbook

An Indispensable Guide for Contract Professionals
Author: Stephen Guth
Publisher: Lulu.com
ISBN: 1435706390
Category: Business & Economics
Page: 193
View: 3934

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Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.

Contract Negotiation Handbook


Author: P. D. V. Marsh
Publisher: Gower Publishing, Ltd.
ISBN: 9780566080210
Category: Reference
Page: 337
View: 1312

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Every organization enters into agreements for purchase and supply of goods and services, and most managers have some involvement in negotiating. The Contract Negotiation Handbook explains how the need to negotiate arises and how to form a negotiating plan. It sets out a structured approach to negotiation through all its various stages - preparing to negotiate, the opening of negotiations and how these develop at the negotiating table, and the closing and recording of the bargain. The use and misuse of certain tactics in negotiation are also covered.This classic text has now been thoroughly updated and revised.

Contract Negotiation Handbook

Software As a Service
Author: Stephen Guth
Publisher: N.A
ISBN: 9780988830806
Category: Computer software
Page: 250
View: 8455

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A Hands-On Guide for Contracting in the Cloud Stephen Guth's latest book zeros in on the high-stakes negotiations of Software as a Service procurements. Covering topics from audit rights to data privacy to service levels, the Contract Negotiation Handbook: Software as a Service dissects a cloud computing contract line-by-line with easy to understand explanations, preparing you to successfully counter service provider negotiation ploys. Based on years of real-life experience, the practical negotiation tactics described in this how-to book could save you money on your next cloud computing procurement and protect you from taking on unnecessary risk. Whether you're an attorney, a procurement professional, or just looking to get the best possible deal, this book has something for you. Don't negotiate your next cloud computing contract without it!

Contract Negotiation Handbook

Getting the Most Out of Commercial Deals
Author: Damian Ward
Publisher: John Wiley & Sons
ISBN: 1118319257
Category: Business & Economics
Page: 304
View: 546

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A good commercial contract is both a springboard and a safety net -- it provides the opportunity to expand and grow your business, but also to protect it if things go wrong. In a tough commercial world, getting the best deal you can is paramount. The Contract Negotiation Handbook demystifies complex legal principles so that busy businesspeople can quickly and easily digest them. With clear, practical examples and case studies to help illustrate and explain different types of contracts and contractual situations, this comprehensive handbook will help you: prepare for negotiations and identify contractual terms make sure you have covered the ‘springboard and the safety net' -- combining the appealing and less appealing aspects of contracts identify the type of negotiator that your counter party is and how that affects your negotiations develop an overview of contract law devise a negotiation strategy identify whether you are in a contractual dispute prepare for and acquire the best result out of any contractual dispute.

Negotiating a Labor Contract

A Management Handbook
Author: Charles S. Loughran
Publisher: Bna Books
ISBN: 9780871797452
Category: Business & Economics
Page: 559
View: 7382

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Labor negotiation is like no other negotiation. This book tells you how to plan your strategy, approach difficult topics, and conclude successfully. In step-by-step chapters, the author tells you how to prepare the management team, present your agenda, cost out demands and offers, draft contract language, and more. You get important background facts on negotiating health and welfare benefits, pension plans, and other volatile issues. Plus, the book includes successful approaches for negotiating joint union-management programs such as stock-option plans and gainsharing. The author explains the law with real-life examples to guide you to a cooperative, mutually beneficial agreement.

Contracts

The Essential Business Desk Reference
Author: Richard Stim
Publisher: Nolo
ISBN: 1413323014
Category: Business & Economics
Page: 487
View: 4553

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Understand virtually any contract and sign on the dotted line with confidence. This is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts. Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.

Negotiating and Drafting Contract Boilerplate


Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Category: Law
Page: 675
View: 4255

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This resource educates lawyers and business professionals on how to draft "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions that generally appear at the end of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. This analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's proposed provision.

The Handbook of Negotiation and Culture


Author: Michele J. Gelfand,Jeanne M. Brett
Publisher: Stanford University Press
ISBN: 0804745862
Category: Business & Economics
Page: 458
View: 5763

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In the global marketplace, negotiation frequently takes place across cultural boundaries, yet negotiation theory has traditionally been grounded in Western culture. This book, which provides an in-depth review of the field of negotiation theory, expands current thinking to include cross-cultural perspectives. The contents of the book reflect the diversity of negotiation—research-negotiator cognition, motivation, emotion, communication, power and disputing, intergroup relationships, third parties, justice, technology, and social dilemmas—and provides new insight into negotiation theory, questioning assumptions, expanding constructs, and identifying limits not apparent from working exclusively within one culture. The book is organized in three sections and pairs chapters on negotiation theory with chapters on culture. The first part emphasizes psychological processes—cognition, motivation, and emotion. Part II examines the negotiation process. The third part emphasizes the social context of negotiation. A final chapter synthesizes the main themes of the book to illustrate how scholars and practitioners can capitalize on the synergy between culture and negotiation research.

The Negotiation Handbook


Author: Patrick J. Cleary
Publisher: M.E. Sharpe
ISBN: 9780765636386
Category: Business & Economics
Page: N.A
View: 7198

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A guide to negotiating, written for a broad audience. It walks the reader through the world of negotiating step-by-step, including the macro and micro processes of negotiations, the importance of adequate preparation, knowledge of the rules, and the role and usefulness of a mediator.

The Tech Contracts Handbook

Software Licenses and Technology Services Agreements for Lawyers and Businesspeople
Author: David Tollen
Publisher: Amer Bar Assn
ISBN: 9781604429824
Category: Law
Page: 223
View: 911

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The Tech Contracts Handbookis a practical and accessible reference book and training manual on IT contracts.This isa clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language. This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should. Topics covered include: .Software as a service (SaaS) and cloud computing agreements .Warranties .Indemnities .Open source software .Service level agreements .Nondisclosure agreements .Limitations of liability .Internet and e-commerce contracts .Software escrow .Data security .Copyright licensing .And much more"

Contract Negotiations

Skills, Tools, and Best Practices
Author: Gregory A. Garrett
Publisher: CCH Incorporated
ISBN: 0808012460
Category: Business & Economics
Page: 365
View: 5123

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Contract Negotiations: Skills, Tools and Best Practices discusses today's dynamic performance-based business environment in both the public and private business sectors. Contract Negotiations covers the important aspects of contract negotiation planning, conducting contract negotiations, documenting contract negotiations and contract formation. You'll find an engaging discussion of the competencies and skills that must be mastered to become a world-class contract negotiator. The book features a proven effective contract negotiation process, supplemented with numerous tools, forms, templates, case studies and best practices.

Contracts 101: Learn to Review and Negotiate Non-Disclosure Agreements


Author: K. Anita Dodd
Publisher: N.A
ISBN: 9780615246215
Category: Law
Page: 116
View: 4541

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A Guide for business owners, attorneys, contract managers and contract administrators, including: (a) detailed explanations of the contractual protections contained in standard Non-Disclosure Agreements; (b) a form Mutual Non-Disclosure Agreement (in print and on disc) including alternative provisions, so you can tailor the NDA to fit your transaction and circumstances; (c) Issues Checklists (with embedded contract language) making it unlikely you will ever overlook an important protection; and (d) drafting exercises (with answer keys), so you can practice the skills learned, reassuring yourself you have all of the information and understanding needed to review and negotiate Non-Disclosure Agreements

The Tech Contracts Handbook


Author: David W. Tollen
Publisher: American Bar Association
ISBN: 9781634251785
Category: Business & Economics
Page: 275
View: 9600

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This is a distinctly user-friendly reference manual and training guide on software licenses and other IT agreements, along with cloud computing issues. Written in a plain-English, jargon-free style, it is intended for lawyers and contract managers, as well as anyone with responsibility for getting IT deals done. The book describes each clause typically found in a technology agreement, outlines the issues at stake, and offers negotiation tips and sample contract language.

Software Agreements Line by Line

How to Understand and Change Software Licenses and Contracts to Fit Your Needs
Author: Michael Overly,James R. Kalyvas
Publisher: Aspatore Books
ISBN: 9781587623691
Category: Business & Economics
Page: 125
View: 6378

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This comprehensive overview describes solutions to prevent manipulation, and offers suggestions for adapting contracts to meet the needs of the user. Essential for those selling and buying software.

Cloud Computing Law


Author: Christopher Millard
Publisher: OUP Oxford
ISBN: 9780199671670
Category: Law
Page: 480
View: 9590

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Building on innovative research undertaken by the 'Cloud Legal Project' at Queen Mary, University of London, this work analyses the key legal and regulatory issues relevant to cloud computing under European and English law.

A Guide to IT Contracting

Checklists, Tools, and Techniques
Author: Michael R. Overly,Matthew A. Karlyn
Publisher: CRC Press
ISBN: 1466597917
Category: Business & Economics
Page: 448
View: 6471

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Even leading organizations with sophisticated IT infrastructures and teams of lawyers can find themselves unprepared to deal with the range of issues that can arise in IT contracting. Written by two seasoned attorneys, A Guide to IT Contracting: Checklists, Tools, and Techniques distills the most critical business and legal lessons learned through the authors’ decades of experience drafting and negotiating IT-related agreements. In a single volume, readers can quickly access information on virtually every type of technology agreement. Structured to focus on a particular type of IT agreement, each chapter includes a checklist of essential terms, a brief summary of what the agreement is intended to do, and a complete review of the legal and business issues that are addressed in that particular agreement. Providing non-legal professionals with the tools to address IT contracting issues, the book: Contains checklists to help readers organize key concepts for ready reference Supplies references to helpful online resources and aids for contract drafting Includes a CD-ROM with reusable checklists and complete glossary that defines key legal, business, and technical terms Costly mistakes can be avoided, risk can be averted, and better contracts can be drafted if you have access to the right information. Filled with reader-friendly checklists, this accessible reference will set you down that path. Warning you of the most common pitfalls, it arms you with little-known tips and best practices to help you negotiate the key terms of your IT agreements with confidence and ensure you come out on top in your next contract negotiation.

International Construction Contracts

A Handbook
Author: William Godwin
Publisher: John Wiley & Sons
ISBN: 1118498461
Category: Law
Page: 224
View: 4832

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Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with "pleadings", a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

The Oxford Handbook of Economic Conflict Resolution


Author: Gary E. Bolton,Rachel T. A. Croson
Publisher: Oxford University Press
ISBN: 0199730857
Category: Business & Economics
Page: 406
View: 423

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Individuals, groups, and societies all experience and resolve conflict. In this handbook, scholars from multiple disciplines offer perspectives on the current state and future challenges in negotiation and conflict resolution. This confluence of research perspectives will identify further synergies and advances in our understanding of conflict resolution.