What are the frequent errors in the elaboration of contracts? What can a PM do to improve this management considering that often the legal terms or of a certain environment are not his/her specialty? Saving Changes...
In many companies there would be dedicated procurement staff who would have the expertise to ensure that the company's interests are protected when writing or negotiating the terms & conditions within a contract. The PMs responsibility in such companies is to ensure that product/service requirements are clearly provided and that constraints, expectations & assumptions are provided to these procurement staff so that the contract achieves the desired result.
As usual, the PM is expected to be the conductor, not a specific player in the orchestra.
Kiron
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1 reply by Carlos Eduardo Escobar Muentes
Nov 14, 2017 10:31 AM
Carlos Eduardo Escobar Muentes
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Thank you kiron for your answer
I think the same, but in practice it is not as easy as it seems, at least not in the public sector.
But I think it happens because the PM is not given the right level of empowerment and other aspects are already included.
regards
Saving Changes...
Sergio Luis ConteHelping to create solutions for everyone| Worldwide based OrganizationsBuenos Aires, Argentina
Creation of a contract is not a project manager responsability. All related to monitoring and control of the activities related to create a contract including assigned stakeholders are responsability of project manager. So, it nothing to your side.
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1 reply by Carlos Eduardo Escobar Muentes
Nov 14, 2017 10:36 AM
Carlos Eduardo Escobar Muentes
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Hello Sergio I understand what you tell me, however, if the contract was not well structured, there may be many problems that can be avoided in advance. The impacts on the development of the project can be very serious, especially when the areas of procurement, tech, finance, etc are "distant" and the PM does not have adequate support or empowerment.
In many companies there would be dedicated procurement staff who would have the expertise to ensure that the company's interests are protected when writing or negotiating the terms & conditions within a contract. The PMs responsibility in such companies is to ensure that product/service requirements are clearly provided and that constraints, expectations & assumptions are provided to these procurement staff so that the contract achieves the desired result.
As usual, the PM is expected to be the conductor, not a specific player in the orchestra.
Kiron
Thank you kiron for your answer
I think the same, but in practice it is not as easy as it seems, at least not in the public sector.
But I think it happens because the PM is not given the right level of empowerment and other aspects are already included.
Creation of a contract is not a project manager responsability. All related to monitoring and control of the activities related to create a contract including assigned stakeholders are responsability of project manager. So, it nothing to your side.
Hello Sergio I understand what you tell me, however, if the contract was not well structured, there may be many problems that can be avoided in advance. The impacts on the development of the project can be very serious, especially when the areas of procurement, tech, finance, etc are "distant" and the PM does not have adequate support or empowerment.
Greetings and good luck in Russia
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1 reply by Sergio Luis Conte
Nov 14, 2017 3:12 PM
Sergio Luis Conte
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You have not the universal knowledge. If the contract is not well structured you have to record a risk and assgin it to the subject matter expert. God does not perform project mangement and we does not make miracles.
Saving Changes...
Sergio Luis ConteHelping to create solutions for everyone| Worldwide based OrganizationsBuenos Aires, Argentina
Nov 14, 2017 10:36 AM
Replying to Carlos Eduardo Escobar Muentes
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Hello Sergio I understand what you tell me, however, if the contract was not well structured, there may be many problems that can be avoided in advance. The impacts on the development of the project can be very serious, especially when the areas of procurement, tech, finance, etc are "distant" and the PM does not have adequate support or empowerment.
Greetings and good luck in Russia
You have not the universal knowledge. If the contract is not well structured you have to record a risk and assgin it to the subject matter expert. God does not perform project mangement and we does not make miracles.
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1 reply by Carlos Eduardo Escobar Muentes
Nov 14, 2017 3:28 PM
Carlos Eduardo Escobar Muentes
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"God does not perform project mangement and we does not make miracles."
copy and paste it in these cases haha
Thank you
You have not the universal knowledge. If the contract is not well structured you have to record a risk and assgin it to the subject matter expert. God does not perform project mangement and we does not make miracles.
"God does not perform project mangement and we does not make miracles."
copy and paste it in these cases haha
Thank you
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1 reply by Sergio Luis Conte
Nov 14, 2017 5:13 PM
Sergio Luis Conte
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You are welcome. I hope the statement help you to soften some situations, at least.
Saving Changes...
Sergio Luis ConteHelping to create solutions for everyone| Worldwide based OrganizationsBuenos Aires, Argentina
Nov 14, 2017 3:28 PM
Replying to Carlos Eduardo Escobar Muentes
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"God does not perform project mangement and we does not make miracles."
copy and paste it in these cases haha
Thank you
You are welcome. I hope the statement help you to soften some situations, at least.
You are welcome. I hope the statement help you to soften some situations, at least.
sure my friend.
Regards Saving Changes...
Stéphane ParentSelf Employed / Semi-retired| Leader MakerPrince Edward Island, Canada
The biggest mistake usually done with contracts - or any other document - is not making it easy to amend.
Contracts are meant to be frameworks against which deliverables are developed and delivered. You don't wont to make it a habit of continuously amending your contract. You don't, however, want the contract to impede the work because of its inflexibility.
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1 reply by Carlos Eduardo Escobar Muentes
Nov 15, 2017 9:13 AM
Carlos Eduardo Escobar Muentes
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I think it's a good point. We try to make a closed contract to have the least amount of changes and yet when we need a change we begin to see the errors.
The biggest mistake usually done with contracts - or any other document - is not making it easy to amend.
Contracts are meant to be frameworks against which deliverables are developed and delivered. You don't wont to make it a habit of continuously amending your contract. You don't, however, want the contract to impede the work because of its inflexibility.
I think it's a good point. We try to make a closed contract to have the least amount of changes and yet when we need a change we begin to see the errors.
thank you for the contribution
regards Saving Changes...