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While music to the ears of a lawyer, at least in his wallet, this sentence should be every entrepreneur creep. Litigation takes time and money, often astounding quantities of both. Worse still, it signals a major injury, which is probably a valuable relationship. At worst, this means that the company was the contract issue, not been solved. Instead of a problem and a plan to find a solution, you now have two, neither of which your bottom line. avoidance a situation that requires time, thought and some effort, but all are a worthwhile investment if it is a transaction which moves forward smoothly and efficiently.
Let us look at some of the most common causes of the disorder treated:
• The seller is dishonest. (Customers may also be dishonest, but that begs the question does not fall within the scope of this essay.)
In some ways, this situation is the easiest to do. The glaring fault of the seller, the easier it is to "pull the plug" and look for an alternative provider. Time and money is still lost, but the customer, immediate action will at least limit its losses. If the seller is dishonest, but hiding it well, is still seriously incompetent, the client tries to nurse the project together, so that losses to mount. (Of course, a service provider who is honest, but in over his head may eventually admit the fact and is negotiating a buy-out, eliminating the need for both sides to proclaim "So Sue Me").
• Fortunately, real Provider dishonesty is relatively rare. More often, the parties have almost completely avoid contractual disputes only through negotiations and document their agreements carefully. This requires time and effort, and it requires that the page to leave their comfort zone and ask: "What happens if something goes wrong." This question is at odds with the position as necessary, "not the business." Negotiators are considered positive, the "yes man" and not to rock the boat. But really sure that a lot of work, the recognition that things can and probably will go wrong.
Problems fall into two general categories: the unforeseen and unforeseeable. A good contract goes to great lengths to ensure the unforeseen and provides mechanisms for the unpredictable. "The unexpected" is simply a polite name for the "overlooked." With a view to a central prerequisite or an important contingency is no improvement in the training exercise. Although there is no safe and certain guarantees against failures, there are safeguards to reduce exposure:
• Take your time.
Easier said than done in a world where everything is needed yesterday. But that is harmful - a delay to the project or the damage, if the project comes apart? Think about what a commitment to "first under all circumstances" has for General Custer.
• Do your homework.
o What to do?
o When?
o By whom?
o What unforeseen needs?
o How are they treated (and by whom)?
o Which project / product features are "must haves"?
o Are there key employees who need to be identified?
o Are there deadlines?
o What are the goals and directions, the central importance for the successful conclusion?
o If there are no dates, why not? Because time is money.
o What is the business problem you are trying to solve?
o What are your standards for success?
If you are not the solution to a specific and defined problem, or meeting a specific need, why are you much time and money for the project?
If you can not determine what constitutes a success, why are you much time and money for the project?
This brings us back to "Take your time." If the project is so hurried, that their fundamental objectives have not been defined, problems may not be far away.
• Play "Devil's Advocate".
o This project will resolve the respective fields of business problem?
o What can go wrong?
o How will you react when things go wrong?
It is tempting to corners at this time. Planning to avoid problems is hard work. But not in the required effort simply invite one side or the other to announce at the worst possible time: "So sue me!"
Also, the thorough search and project plan may not solve all the problems. Key personnel may leave abruptly. A third party, the product may not arrive on time, or they may not work as promised. Management may cut the budget. Who can make changes to the project is not necessary, or can be the major changes.
Enter the change control provisions applicable to a number of useful purposes:
• Elimination of time wasted on the fingers show
• Eliminate (or at least reduce) the possibility of a page, the undue advantage of the other
• Keeping that alive.
But you also have control of changes in the contract? Have you:
• Who will respond when problems occur?
• Who is authorized to sign the Agreement?
• An issue escalation process?
• A dispute resolution procedure?
• Cost controls?
• Specific buy-out or exit mechanisms?
Hard work? Yes.
Dull work? Sometimes.
Valuable work? Would you prefer to manage a portfolio of projects that are more or less smoothly and the bottom line or would you prefer for your days putting out fires?
Copyright 2006, Thomas J. Hall. All rights reserved
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