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Defensive contracts set for fail, say negotiatiors

Contract managers are being more cautious than ever when they negotiate new agreements, contract managers' body IACCM has said. It has surveyed the most negotiated contract terms and says that the wrong terms get most attention. "It has become increasingly apparent that what we negotiate is out of step with business needs," said …

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Anonymous Coward
Anonymous Coward

Contracts for utilities

that's the problem, most of the good stuff is not utility. Where a system has become a utility then both sides should be aware of the costs involved in producing high availability.

With new projects then it is very hard to work out the risks, and is better to concentrate on the competitive advantage that the system will give.

If anything trying to work out the risks to too great degree is an expensive waste of money, instead prototypes should be built with that money so if you discover it is not feasible you still have some learning, and if feasible you are already part of the way there.

Risk analysis should be part of a profession that produces, not a profession in and of itself. That's the problem a lot of things have in our society we have too many redundant specialists and not enough master generalists, that thinking has made our economy weak.

And, I do blame HR for this, an example of a department that should not exist, HR skills should be with the management of each department or owners of companies. Personnel was a much better concept, where they did not get involved in hiring just doing paperwork.

Adam Salisbury
Thumb Down

So it's not just overdeveloped cynicism?

This is a perfect example of the ills of capitalist business; products and services provided for the cheapest outlay with the highest margins and the big players enaging in costly legal squabbles to desperately shift accountability away from themselves to the detrimtent of all involved.

This is the world in which we live and all that is wrong with it

amanfromMars 1
Pirate

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BT Advanced IntelAIgent Virtual Defence Systems Security? And QuITe Perfectly Made to Measure for a Virtual Shell Operation into Alternative Energy Sources with Proven Reserves and Resources.

Field Marshal Von Krakenfart
Thumb Down

Priorities

The top 10 negotiated terms are:

1. limitation of liability;

2. indemnification;

3. price/charge/price changes;

4. intellectual property;

5. confidential information/data protection;

6. service levels and warranties;

7. delivery/acceptance;

8. payment;

9. liquidated damages;

10. applicable law jurisdiction.

Right, so actually getting a working product is way down the list, no wonder they fail. Welcome to the world of Dilbert

Anonymous Coward
Anonymous Coward

Countrywide surveyors.

I buy houses. Several years ago, I was forced by the mortgage company to use their surveyors. I thought, I might as well pay for a full structural, and what came back was to my mind such an exercise in avoiding accountability, I've since stopped getting anything but a plain valuation.

The house might have damp. We recommend you get a damp test.

The house might have wood worm. We recommend you get a wood expert in.

The house might have subsidence. We recommend a ...

You get the idea.

IMHO, the whole industry has had the experts replaced by lawyers.

Anonymous Coward
Anonymous Coward

RE: Contracts for utilites

AC wrote: "I do blame HR for this, an example of a department that should not exist, HR skills should be with the management of each department or owners of companies. Personnel was a much better concept, where they did not get involved in hiring just doing paperwork."

I am inclined to agree.

I work for a large multinational company and everything that comes out of HR has been signed off by a number of people (who obviously have nothing better to do than check their colleagues output).

I also get several spam emails per day saying "Welcome to Joe Bloggs who is starting work as an ant farmer in Timbuctoo". The only thing that lets HR avoid my spamhammer is that occasionally they use the HR mailbox for something important.

Denarius
Unhappy

You expected anything else ?

Management by spreadsheets, managing by process.

All based on "rationality"

See Voltaires Bastards, The Unconcious Civilisation for a good analysis.

A decaying culture is always timid, reactionary and stupid.

The Managerial Cult is just one more manisfestation of an infestation of materialists.

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