Negotiating contracts is a scary prospect for most people. At Punt Consulting Group it’s a piece of cake. We represent our clients’ interests fiercely while respecting the other party and maintaining a good working relationship. Many contracts are weak because the parties don’t anticipate potential problems, because the parties are not strong enough or articulate enough to outline their interests, or experienced enough to know how to provide workable solutions outlined in clear language that anyone can understand. Projects can takes years to complete and often the parties who wrote the contracts are no longer working on that project, so it’s left others to interpret what the original agreement meant.
Take the pizza example. Arthur contracts with Betty to deliver pizza to her office once a week. Simple, right? What about the details on how many pizzas, what size pizzas, at what time do they get delivered, what type of pizzas are they, can the order ever be changed or cancelled without penalty and if so how much notice needs to be given, who is authorized to place the order, who is authorized to receive the order, who is authorized to change the order, and so on.
At Punt Consulting Group, before we begin any contract negotiation we discuss what the Owner’s priorities are in terms of “deal-breaker” and “leverage provider” conditions, what their concerns are about the substance of the contract or the other party to the contract, and what prior experience they have engaging people to do business with them. These are key conversations whether it’s a contract for goods or for services and even if the Owner has done business with the other party before. They apply whether your contract will be for a few thousand dollars or tens of millions of dollars.
We make sure to require specifications you didn’t know you wanted and security features you didn’t know you needed. Let our experience protect your interests.
Museum projects have complicated design and fabrication contracts. Everything is custom and many contracts are written even before a concept is developed. Barbara does a great job of anticipating surprises and negotiating contracts that protect the museum from the risks of construction.
Sean Regan Managing Director, Regan Associates LLC