Here's how you can use your expertise as a project manager to negotiate better contracts.

Understand the obligations included in the Contract for all parties. What are the key milestones; does the project team understand what is required to achieve these milestones? How, and how often are these tracked? Understanding the scope and how it is broken down is also crucial.

One of the key elements from my understanding is the vertical and lateral communication to reinforce the expectations from stakeholders with the team.

In my experience, both as a lawyer and business executive, begin any contract process by gaining thorough understanding of the interests and goals of both parties. Implicit in this stage of preparations is developing a knack for asking the right questions, often the other side will open up about the factors aren’t valued by them.

Early Involvement, Defining SOW, Mitigating risk, Cost analysis, setting benchmarking & close costing at it best with a healthy bid analysis.

What is the biggest general advantage of an Contract Manager over a Contract Attorney? It is the closer look on every single stage of the contract developing, with all its sucesses and obstacles - how whats written becomes (or not) reality. So, this provides a very specific expertise that shall be put in place for better contract negotiations.

2. Avaliar Riscos Utilize sua habilidade em análise de riscos para antecipar problemas potenciais nos contratos. Identifique cláusulas ambíguas, prazos irrealistas ou termos desfavoráveis. Proponha ajustes baseados em sua experiência para mitigar riscos e garantir um contrato mais equilibrado e viável. Exemplo: Se um prazo é muito apertado, sugira prazos realistas com base em cronogramas anteriores e a capacidade de entrega do projeto.

El análisis de riesgos y contingencias es una habilidad que muchas veces pasa desapercibida hasta las instancias finales de la negociación. Entrar en una alianza comercial exige analizar las posibilidades y ventajas, pero también sus desventajas y riesgos. Aunque la sinergia sea a corto plazo, los riesgos pueden poner en jaque el cumplimiento del acuerdo e incluso, generar una cadena de incumplimientos que no se tuvo en miras. El entrenamiento para las negociaciones no debe limitarse a entender el negocio, el objetivo y analizar documentación, sino también a considerar el desarrollo de escenarios posibles para analizar riesgos y planes de contingencia o continuidad.

My experience shows that contracts, especially the big ones, are so detailed that they are not always easy to refer to. That causes many misunderstandings and ambiguities during negotiating a contract. Even more problems may occur while expediting it. Therefore, a seasoned project manager should be able to use simpler and summarized appendices instead of comprehensive documentation. For instance, a price summary page including essential provisions and a short document clearly stating the parties' responsibilities will facilitate a better contract negotiation.

3. Estabeleça Metas Claras Defina objetivos específicos para o que deseja alcançar com o contrato. Alinhe essas metas com as necessidades do projeto e da organização. Saber exatamente o que você quer ajuda a focar a negociação em resultados tangíveis e facilita o processo de tomada de decisão. Exemplo: Se o objetivo é garantir recursos adicionais, demonstre como esses recursos são cruciais para atingir os marcos do projeto.

You should present a clear mind map to your audience, showing the logical relationship between your values and their needs. Achieving this connection may not happen without clear goals.

Setting goals before the negotiation must have a primary consideration. Without clarity on goals negotiation on the contacts can't be meaningful. I understand both the parties to the contracts must have clarity to their goals to conclude a workable and win win transaction. Imbuguity can be a potential threat for a successful transaction and may lead to the parties towards the disputes which may be fatal to their business relation as well.

Critical points would be to clearly understand the technical requirements, risks, and potential roadblocks. Always try to lean in on the interests of both parties involved and work toward an amicable outcome. Be assertive about the needs and expectations along with the timeline to ensure that you close the deal in a timely manner. It is all about closing!

In my opinion, effective communication in contract negotiation is understanding the priority of disputed items. That would allow the management of all parties to effectively address the most important issues, which are not as numerous as minor issues, which could be delegated to other specialists. Such communication would enable better communication and a more inclusive negotiation process.

My advice is simple: Be an HONEST PROFESSIONAL. As soon as other parties in a negotiation believe that you think you're smarter than them, the negotiation fails. It may take some time to realize or show, but it happens often. Don't waste time trying to outsmart others. You want to get paid for a story that demonstrates your value aligns perfectly with their needs. It is your responsibility to assure the buyer that the price of this "book" is fair and that they remain satisfied after reading it.

I would add: - Put your self on the position of the other party - Think and Note possible solutions - Try to DRAFT the points with a Win-Win approach - Define clearly and agree upon the responsibilities of both parties as detail as possible without ifs and buts - Improve your argumentation skill - Keep Calm and keep Calm

When managing projects it's essrntial that you communicate effectively so that all areas flow without bottlenecking. You want to avoid delays that will push the project timeline, so it's critical for communication to be clear and concise. As the project manager, the cross-functional teams will look to you for leadership and direction so it is key that you ensure your instuctions and messages are understood as intended. One way to do this is to follow up with your team to double check that there aren't any misunderstandings. You can also have follow up meetings to ensure the project progrrsses as it should. Being an effective communicator is not only about the message that is sent, but also being able to listen to your team.

5. Alavancar Relacionamentos Aproveite os relacionamentos construídos ao longo da sua carreira para facilitar a negociação. Relacionamentos fortes podem abrir portas para concessões e termos mais favoráveis. Use a confiança mútua para negociar condições que beneficiem ambos os lados. Exemplo: Use seu relacionamento com um fornecedor confiável para negociar melhores prazos de entrega ou preços.

One thing that I have found helpful is to always read through the scope of work to understand the project fully. This will help when having the contract drafted. I have been on both sides of this table when the scope of work is not drafted correctly and it allowed for important issues to be ledt to interpretations because the terms were too broad. This caused performance issues that allowed the contractor to loosely deliver the scope without the contract manager being able to enforce strict guidelines. It's always good to review the scope of work before it goes to the contracting team to generate the contract to ensure all aspects are covered. The more time spent on the front end could mean less work when issues arise.

First off, dive into the nitty-gritty of each proposal, making sure every detail aligns with your project's goals. Don't be shy about getting advice to clear up any confusing terms and spot potential red flags. Take time to review everything, you'll avoid future headaches.

6. Revisão Completa Revise todos os aspectos do contrato com um olhar crítico. Examine cada cláusula para garantir que todas as condições são claras e justas. Considere obter uma segunda opinião de colegas ou consultores para identificar pontos que possam ter sido negligenciados. Exemplo: Revise cláusulas de responsabilidade e garantia para evitar ambiguidade que possa resultar em disputas futuras.

Two things are indispensable for the final review before signing a contract: Firstly, a third party should be deployed as the team preparing the contract sometimes fails to oversee contract clauses due to details. Secondly, contract conditions should be as standard as possible to track only the discrepancies from the original document.

A few other things I found helpful are flexibility, thinking on your feet and adaptability. The are crucial traits for project managers, especially in contract negotiations. Flexibility allows for adjusting strategies and tailoring terms to fit client needs, leading to favorable outcomes and stronger relationships. Quick thinking enables immediate problem-solving and effective communication, building trust and keeping negotiations on track. Adaptability helps manage dynamic environments and continuously improve negotiation techniques. These skills ensure responsiveness and proactivity, vital for successful contract negotiations.

Investigate and understand all the competition for the product or service you are working with. Spend time to study read about and research. Get input from their clients. Very importantant to make the right choice.

7. Veja o Que Mais Considerar Considere fatores adicionais que podem impactar a negociação, como tendências de mercado, mudanças regulatórias ou novas tecnologias. Fique atualizado sobre o setor e use esse conhecimento para ajustar suas estratégias de negociação e garantir contratos mais vantajosos. Exemplo: Se novas regulamentações afetam o setor, ajuste os termos contratuais para refletir esses requisitos e minimizar riscos.

Remember all issues encountered from previous projects you've managed and utilize those solutions to avoid repeats. Also making sure certain language is added within the contract that will cover and protect your client outside the current scope of time will also increase success.