Response to 50 Tips

James Martin, an attorney in St. Petersburg, Florida has an article on his website regarding 50 tips for writing contracts that stay out of court.  Most of the suggestions are good… a few are a little dated.  This is my response to the dated things on his list: 3.  Ask your client for a similar [...]

On Acceptance Testing…

My car needed an oil change today.  It’s been about 5 months, 6,000 miles and while I know I can push it that far, it was finally time for me to get it done.  I thought about doing it myself and decided that Jiffy Lube would more efficiently meet my needs.  But I always feel [...]

Jeff Gordon on Supply Excellence

Justin Fogarty from Supply Excellence e-mailed last week and asked me (and some others as well) about what we thought would be the biggest supply chain risks in a recovery.  He was kind enough to think that my response on “Instant Amnesia” warranted a guest post on Supply Excellence.  Thanks to Justin for the opportunity! [...]

The Value of Testimonials

If you’ve not seen the latest CarFax commercials, they’re pretty funny.  Essentially, the buyer wants to see the CarFax report and the seller doesn’t want to give it to them.  Here’s my favorite: Yet, as enterprise software buyers asking for references, this is essentially what we’re accepting from the vendor – a note from the [...]

Why RFP’s Suck for Both Sides

RFPs suck for both sides of the equation. Bidders hate responding to them and the requesting organization hates reviewing them. Why? Well, because they’re time consuming… and each side believes that the other side is: 1) Only spending enough time to barely glean the financials off the top; 2) Inserting default language from prior RFPs [...]

What You See is NOT Always What You Get

Several months ago, I posted the backwards paragraph to demonstrate the immense power of the brain to fill in gaps or to make sense out of the nonsensical.  Understanding this brain functionality is important when you’re trying to communicate with others because of this difference between reality and perception. But it’s not just words (the [...]

Delivering Perfection

In thousands of meetings over the years, I’ve been privvy to a very common conversation.  It’s a discussion of deliverables – what is needed, what is wanted, how much money is available to pay for the needs/wants, who can create the best solution, etcetera.  Regardless of the actual nature of the deliverable, the basics are [...]

WhichDraft.com Document Assembly Tool

I’ve recently been focused on the wealth of new contract management tools that have been released since January 2009.  We started with a tool to help you manage the finished product, then a tool to help you redline your documents.  The missing product for this trinity is one for document assembly.  WhichDraft makes a huge [...]

On the Fastrack, June 19, 2009

I’ve mentioned before that there are a lot of great comics out today that, every once and awhile, touch on contracts and/or negotiation topics. On the Fastrack is another: (Click on it to see it full-sized.) The current economic situation is encouraging many organizations to reconsider their current contractual relationships. Contact me before your opponent [...]

How to… redline

When you’re about to enter a contract negotiation, and assuming you’ve not been successful in using your templates, the first step is to review and redline the agreement.  This How-To is intended to teach you the obvious (and not-so-obvious) skills of redlining. Ordinarily, I suggest a quick once-over.  This is a perusal designed to see [...]

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