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Contracts
Contract Review and Risk Allocation
   Interpreting Contracts
   Risk Management
   Standard Contracts

Negotiation Skills and Strategies

Contract Management
   Contract Administration
   Change Management

Lessons Learned

Contract Administration Tools
   Municipal Rehab Project Tools
   International Design-Build Tools

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Forms and checklists provide a framework and are not self-implementing. Successful implementation of systems and processes require planning, skills and supportive business systems to overcome personal reluctance to change.
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Focus and Discipline
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One very important reason to attend to administrative duties under the contract is to demonstrate your competence and professional capabilities. A client who may not have a full understanding of the work being performed may judge your performance based on your ability to manage project work.
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Failure to comply with administrative duties is typically not an issue until a communication problem or other dispute arises. Trying to decide after the fact if work was approved or budgeted, by whom and when can be a source of great conflict as various points of view surface.
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Project expectations must be communicated to the entire project team. Does your project team know more about the project than just the scope of work?

Tools

We have found contract summary tools an invaluable method of insuring full execution of project duties. All too often project work has focused on the technical performance, with documentation of project history and change management haphazardly executed.

Below you will find a listing of contract tools organized along the life of a project. Also included here are hyperlinks to project tools developed for two specific projects - one a municipal infrastructure project and the other an international design/build project.

Life of a Project
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Emphasis is placed on the planning stages and conflict avoidance - two areas that greatly affect performance and project success.
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Proposal:


    Marketing - Designers/constructors: Research the potential client - work you have performed for them in the past, check grapevine sources, research media/internet sources; review this project from the client's perspective, how do client participants define a successful project, who are your likely competitors for this project, how do you differentiate your services.
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    Vision the Project - How will project be executed; what are the weak areas of this project; has owner selected the most appropriate delivery method; what non-technical skills are required for this project; will envisioned team possess all requisite skills and work well with owner, contractors and subconsultants.
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    Perform a Go/No-Go Evaluation - Is this a client you want to work for; who are your competitors for this project; is this a new line of business; what are the payment risks; is this a high-risk project; is this work you have the staff or resources to perform; what risk mitigation strategies are available from financial, legal, insurance and contract reviewers to minimize project risks.
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    Sample Go/No-Go Decision form
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    Prepare your Bid/Proposal - Conduct a proposal strategy meeting; determine all client needs and concerns (including non-technical); assess your team for specific skill sets; consider teaming to fill in gaps of skill sets or add strategic partner that may have better familiarity, experience or relationships with potential client; highlight and differentiate team, skills, proposal, additional or value-added services; review other client contracts as basis for proposing scope, risk allocation and pricing, develop active data-gathering to update knowledge of client needs and concerns; develop well-defined scope, pricing and level of effort; conduct internal peer review of proposal.
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    Sample request for additional information letter to Owner
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    Scope of Work Checklist
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    Sample Response to Client Demand to Accept Its Contract Terms

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    Award - Thank client for the work; provide multi-level contact information; ask client for process and timetable to negotiate contract and start work; offer thoughts or sample timetable. Confirm your understanding of all client needs and concerns.
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    Negotiate the Contract - Request pre-negotiation meeting with client to obtain additional information; start with standard documents and tailor to the project, adjusting for payment, risk, safety, insurance, dispute resolution, liability, identification of changed conditions or deviations from assumptions and process for change authorization/approvals; draft scope to be inclusive, definitive and exclusive-include and fully define work to be performed and work that will not be performed to avoid misunderstandings; negotiate equitable adjustment changes process; establish allowances or level of effort for work difficult to define; set up communications- people, frequency and type of preferred communications; conduct team de-briefing.
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    Contract Review Checklist
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    Sample Negotiations Checklist
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    Sample ADR Negotiations Checklist
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    Scope of Work Checklist
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    Sample Project Dispute Potential Index Review
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    Sample Professional Services Agreement Authorization to Proceed (in advance of contract execution)
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    Sample Negotiating Risk Allocation Matrix
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    Sample Incorporation of Proposal
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    Outline for Implementing Team Construction Techniques

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    Risk Management - Prior to final negotiations, review contract for best practices; run through contract, legal and risk management reviewers; develop strategies to manage weaknesses of contract, contracting parties or project; calendar regular reviews of high-risk projects.
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    Checklist on Risk Management
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    Contract Review Checklist
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    Risk Matrix
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    Sample Risk Management Summary

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    Organize the Project - Assemble in-house team- staff, client liaison, management and QA oversight; draft project management plan; set up project files, communications channels; conduct teaming session for partnering projects; perform analysis of project-specific needs.
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    Communications Checklist
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    Sample File Organization - small project
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    Sample File Organization - large project
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    Sample Project Management Plan
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    Sample Dispute Potential Index Review
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    Sample Teaming Agreement
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    Sample Project Chronology
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    Project Assistant Checklist

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    Plan Performance - Chart out duties required under the contract, calendar deliverables, log noticing requirements and other time specified activities; draft project management plan; assign team responsibilities.
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    Sample Project Management Plan - No. 1
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    Sample Project Management Plan - No. 2
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    Sample Kick-off Meeting Agenda - In-house
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    Sample Kick-off Meeting Agenda - Project Team
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    Sample Client-Liaison Duties Checklist
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    Sample Liaison Meeting Checklist
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    Sample Copyright Notice

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    Plan Change Management - Chart out scope of work, and notice requirements under contract; conduct team meeting regarding contractual and internal processes for change identification and noticing requirements; schedule periodic scope review for identification of creep or change; add change management item to agenda for regular team meetings; develop standard documents for notice, authorization, deadline, and compliance issues.
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    Weekly Team Update form
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    Sample Scope of Work outline
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    Sample Client-Consultant Change Management Procedures

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    Plan QA/QC - Chart out QA/QC requirements of contract; assign internal QA/QC personnel; calendar QA/QC reviews; conduct team meeting regarding how contract affects usual QA/QC processes and procedures (assumes QM procedures are in place).
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    QA/QC Checklist
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    Plan Team Management - Calendar team meetings and review; plan internal communications, frequency and processes, up and down the chain(s) of command; identify specific team members for training in specific skill acquisition; conduct project kick-off meeting for team- educate team on contract/project strengths and weaknesses- budget (cost plus, ceiling max, etc.); dispute resolution, risks, safety, copyright and insurance issues; set up mentors; plan internal and client review of work in progress.).
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    Sample Meeting Notice - Request for Dates
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    Sample Meeting Confirmation Notice
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    Sample Kick-off Meeting Agenda - In-house team
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    Sample Internal Calendar
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    Sample Authorization List
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    Sample Risk Management Summary
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    Sample Standard Cover Letter for Review and Approval of Work
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    Sample Standard Review and Approval Overdue Letter

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    Project Management - Finalize the Project Management Plan, incorporating client preferences and contract requirements; calendar deliverables, milestones, reports and meetings with client, team and individual team members and senior management.
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    Project Management Requisite Skills Checklist
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    Sample Project Management Calendar
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    Sample Options to Client Letter

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    Client Management - Calendar regular QA correspondence to client; monitor liaison contacts and results; consider internal or independent review of client communications for tone and level of satisfaction.
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    Sample Anticipate Client Need letter
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    Sample Options to Client letter
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    Sample Notice of Potential Change letter
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    Sample Deem Request Approved letter

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    Dispute - Set up internal notification for earliest identification of tension or potential conflict; set up step negotiation for addressing and resolving any disputes; balance technical and equitable considerations.
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    Dispute Analysis Worksheet
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    Contract Administration - Chart out contract requirements, include duties of each project participant; provide contact information for parties in each organization; calendar deadlines and milestones; list deliverables; provide insurance, risk management and liability risk mitigation strategies for internal departmental use, list miscellaneous documents required under the contract (supplied by and provided to, expiration dates), such as insurance certificates, WMBE certification, bonding information/requirements.
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    See sample documents on these connecting pages:


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    Municipal - Infrastructure Rehabilitation Project
      Contract Checklist
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      Authorizations/Approvals required
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      Calendar of due dates/deadlines/schedule events
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      Noticing Requirements - documents, meetings, inspections
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      Contract terms related to technical performance
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      Status Report
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      Change Order Spreadsheet
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      Internal Notice Checklist
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      Notice of Change
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      Completion of Task Order
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      Notice Regarding Owner Selection of Work Priorities, Level of Effort and Design Criteria
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      Sample Letter to Owner - Deliverables

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    International - Design/Build Contract

      Contract Outline
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      Contract Definitions
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      Contact List - Qualified staff re Approvals/Authorizations
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      Owner Duties
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      Engineer Duties
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      Contractor Duties
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      Documents required under the contract
      -- - Letter of Acceptance
      -- - Contract
      -- - Required/Key Personnel
      -- - Letter of Guarantee
      -- - Performance Bond
      -- - Licensing/Permits,
      -- - Professional Liability Policies
      -- - Project Agreement
      -- - Bond
      -- - Corporate Guarantee
      -- - Confidentiality Agreement
      -- - Safety and QA/QC programs
      -- - Meeting Agenda

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    Change Management - Follow project management plan protocols for regular review and identification; provide notice to client upon identification; evaluate impact and basis for change; prepare and provide appropriate request for change and equitable adjustment to client with options and request for response deadline and actions if response is not received; calendar response from client; follow change management protocols regarding notification of senior management; develop information for stop work or accumulate costs decision; encourage client to revisit priorities, scope or level of effort due to major changed conditions.


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    Sample Notice of Changed Condition form
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    Sample cover letter for Request for Extension/Additional Payment
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    Sample Change Management Spreadsheet
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    Sample Contract-specific Change Order Management Checklist
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    Project Close-out - Calendar any post project dates; calendar last payment and follow-up dates; prepare files for storage; collect deliverables for marketing and reference on similar projects; draft lessons learned; draft project profile for future bid reference; solicit client feedback; set up meeting(s) with client regarding ongoing relationship and future work; evaluate team effectiveness; recognize team effort upon project close.
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    Sample Document Retention Policy - No. 1
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    Sample Document Retention Policy - No. 2
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    Sample Post-Services Client Survey
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Work Smarter! Your contract can work best for you when you pay full attention to the rights and duties contained within the contract. Contact us for a set of these sample documents, or to create customized or project specific tools for your organization.


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