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What happens if a contract becomes impossible to perform?

When clients and suppliers form business contracts, neither side ever starts off ‘expecting’ failure. However, that does not mean planning for this eventuality should be overlooked. Both parties need to have suitable contractual provisions in place to avoid the possibility…

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Complex Projects: Changing your business case approach for 2024

The approach one takes to complex projects is often a critical determinant of success. A pivotal factor impacting this approach is one’s perception of the environment in which project-critical decisions are being made. In 2023 that environment was, for want…

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Ethical Breaches in Large Consulting Firms: 10 Steps to Identify and Monitor Them

An opinion piece in The Telegraph titled ‘The consultancy racket can’t survive any more lawsuits’ piqued our interest, partly because of its direct and critical stance, but mostly because of the radical change that is being called for. So, we thought…

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Civica Acquisition: What this could mean for your software and project

The acquisition of Civica by Blackstone, a leading private equity firm, will signal a pivotal change in the public sector software solutions landscape. Therefore, this article looks to examine the potential risks and benefits for Civica’s clients that could result…

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High-Risk Projects: Should lawyers also act as strategic advisors?

Complex projects, by their very nature, often entail high commercial and reputational risks, often additionally governed by extensive legal and regulatory frameworks that could well extend across multiple jurisdictions. They involve a variety of stakeholders, contractual terms and technical demands.…

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Tendering for Complex ERP Projects: Top 5 Insights from a Supplier’s Perspective

When tendering for complex ERP projects, the journey from conception to a successful, fit-for-purpose implementation is often complex. For strategic suppliers or systems integrators (SIs), implementation success is often determined by their ability to effectively communicate their understanding of the…

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9 Top Tips to Accelerating Approval for Your Complex Project Business Case

Gaining approval of a complex project business case can have its challenges. And, when you are competing with other initiatives within your organisation – as you often will be – some of which might be providing similar benefits to your…

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How do I manage the early exit process when I terminate a contract? 

Once you have formally terminated the relationship, you need to treat the exit process as a key project in its own right. You will have developed a Business Case for the early contract termination and a well-considered exit plan. As with any project, the exit must have…

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FAQ: How do I know when to start a critical project? 6 steps to get it right

“How do you know when to start a critical project?” As ‘timing’ can be crucial to the success of a project, it’s surprising that our experience evidences that it’s a skill not many organisations have mastered. If you begin a…

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Early Contract Termination Exit Maze – Understanding Supplier Behaviours

For those who have already experienced the hardships of having to terminate a large, complex, high commercial risk project before its natural end, you will know that early contract termination is a complicated process that is often fraught with financial…

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Complex ERP Projects: How contract negotiations predict future supplier behaviour

Navigating the intricate pathways of enterprise-level contracts, especially for highly complex systems such as ERP, MRP and finance, is no small feat. An often overlooked key determinant of project success is how your strategic partner behaves before a contract is…

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Mastering IP Agreements for Complex Early-Stage Innovation Projects

Invaluable assets born from research and development…When you look at a timeline of technological advancement over the last thousand years, the chart seems to trundle along at a low ebb until a couple of hundred years ago, when the line…

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Beyond Legalities of Complex ERP Contract Terms: The Unseen Pitfalls Lawyers Don’t Know They Don’t Know

Safeguarding against failure. When embarking on an Enterprise Resource Planning (ERP) solutions project, it is crucial to recognise that ERP solution providers (whether the software house itself or Systems Integrators/Strategic Partners) are usually not simply vendors. The law often implies…

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How should I plan an exit from a terminated contract with a strategic supplier? 

Your failing strategic supplier relationship is beyond repair and you have reached the point of terminating the contract. You want to make sure the exit goes as smoothly as possible in what might be a very challenging situation where emotions…

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Agile Sourcing in Action: Navigating the Terrain of Complex Project Procurement

In today’s rapidly evolving business landscape, sourcing within complex projects demands a strategic approach that is both adaptive and collaborative in nature. Traditional procurement methods, which are often more linear and rigid, can fall short when you are navigating the…

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Complex ERP implementations: 6 Flashpoint Areas and How to Avoid the Disputes they Can Create

Implementing an Enterprise Resource Planning (ERP) system is a significant undertaking for any organisation. It may promise to streamline operations, improve efficiency and provide insightful data for decision making. However, the journey towards successful implementation is often fraught with challenges.…

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How to minimalise strategic supplier management risks on a complex project

In a recent article we looked at what experience tells us should be involved in good contract management and supplier relationship management within complex projects, and the main differences between the two disciplines. In this article, we look at the…

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How do I negotiate early contract termination? 

Negotiating early contract termination and exit is challenging and emotions often run high. If you have concerns about how to negotiate an early contract termination, there are steps you can take that will smooth the process and increase your chances of a successful…

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Hiring a Negotiation Consultant vs Investing in Negotiation Skills Training

Supplier negotiations for strategic projects can be complex and long-drawn-out affairs. If you don’t get the balance right, they can be costly and even fail outright to achieve your desired business outcomes. Contract negotiations need detailed preparation if you want…

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Conquering the 12-Step Insourcing Transition: A Guide to Success

As the complexity of a particular service delivery increases, if there is no internal capacity to manage it or if specialist expertise is required to deliver to expected standards, organisations have, for decades, looked to outsource. However, the natural evolution…

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Complex Projects and Supplier Deception: Do You Think Your Supplier Has Deliberately Misled You?

The term ‘complex project’ may initially seem self-explanatory yet, in practice, it covers a broad spectrum of scenarios. In this context, we use it to denote situations where the multifaceted nature of a complex project makes it challenging to gauge…

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Evaluating the Decision to Litigate Against Your Supplier: A Comprehensive Guide

How do you evaluate the decision to litigate against your supplier? This article investigates the pros and cons of litigation, the 13 steps to trial day and the ways in which the costs, time commitments and potential reputational damage of…

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Navigating Complex Projects: Why You Need a Robust Supplier Escalation Policy

  A supplier escalation policy (sometimes referred to as an enterprise escalation policy) is a defined process that outlines how issues or concerns with supplier or partners should be escalated and addressed in complex projects. This could be with companies…

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What’s the Difference Between Contract Management and Supplier Relationship Management?

Contract management and supplier relationship management are two distinct disciplines that play a crucial role in the success of key supplier relationships and the achievement of expected outcomes from critical outsourced contracts. Although these activities have often been overlooked and…

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Why Some Strategic Suppliers Try to Dilute Their Contractual Obligations on Complex Projects …

In today’s rapidly evolving business landscape, establishing and maintaining strong client-supplier relationships and being able to rely upon the strategic advice and guidance of intelligent suppliers, is crucial for the successful implementation of complex projects and the achievement of strategic…

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Successful Contract Drafting Strategies for Complex Projects to Embrace Collaboration

Collaboration is often a critical aspect of a successful major project. While we would like to think that the desire to act as a truly collaborative partner would be written into the DNA of a ‘good’ contractor, it is far…

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8 Steps to Effective Communication of Bid Loss to Avoid a Formal Legal Challenge

The procurement process within the public sector is necessarily demanding to ensure clarity, fairness and consistency. Many procuring authorities may feel relieved once they ‘finish’ the procurement process, but sometimes this marks the beginning of an even more challenging phase…

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Project Contingency Planning: 6 Steps to Risk Management and Strategic Supplier Success

In the world of complex projects and strategic supplier relationships, the ability to navigate potential challenges is paramount. A key component of this navigation is the practice of contingency planning, also known as developing a ‘Plan B’. Contingency planning is…

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What makes a Great Client Commissioning Team? Roles, Responsibilities and Skillsets

  Commissioning is a vital process that can make or break the success of delivering high-quality services that meet the needs of both service users and the wider community. To ensure success, it’s essential to have a client commissioning team…

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Service Heads; How and Why to Evidence and Communicate Value for Money Data Between Contractors and Councillors

The value for money that a service delivers is a vital message to convey on any project. Local authority councillors, on the frontline of public opinion, need to evidence this value for money from outsourced services. And, as the service…

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Unlocking Contractor Performance Data: Strategies for Obtaining Direct Online Access

Managing and evaluating a strategic contractor’s performance data is essential for you to ensure that value for money is achieved and that projects are successfully delivered. A key component of this process is direct online access (not a download) to…

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TSB CIO fined for botched IT system migration project. Could you suffer the same fate?

For those in the finance sector the migration to a new banking system is a critical and complex process that demands thorough planning, detailed risk management and precision execution. It is likely to be one of the most challenging projects…

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How should I procure a Hospital Theatre Scheduling Software Solution?

Implementing a hospital theatre scheduling software solution is a complex and multifaceted endeavour. Healthcare organisations face numerous challenges in the successful execution of such major projects, including the need to balance patient care with operational efficiency, navigate an ever-evolving technological…

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How to avoid contract terms misunderstandings on complex projects

One practically inevitable fact of life is that when drafting contract terms for complex projects and services, the less clear your understanding is of the requirements of the project, the greater the chance of poor contractor performance behaviours. Two cases…

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Checklist for navigating the ‘Software Provider vs Business Change Partner’ dilemma

A complex business change initiative involves implementing strategic changes to the way an organisation operates. This type of project requires your team to have a deep understanding of the current state of the organisation and the desired outcomes, as well…

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What is a well-articulated business vision? 

A well-articulated business vision means having documented clarity of your required business outcomes, what your organisation or department is aiming to achieve over the short, medium and longer term. It has two primary aims:  To ensure your internal team understand…

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I have a clear set of KPIs so why is my project still failing? 

Stakeholder and strategic service provider understanding can vary significantly when it comes to effective KPIs and their purpose is often misunderstood. Many strategic service contracts structured by client legal teams focus on KPIs being ‘transactional’.   In most strategic service delivery relationships…

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What is Whole Life Costing for complex public sector procurement projects?

Whole Life Costing is a critical aspect of the strategic procurement process of complex projects and a key tool for decision-making and budget allocation. The following is an illustrative guide to simplify the process of producing Whole Life Costing for…

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5 steps to structuring a “Should Cost Model” for strategic supplier services

Increased accuracy in predicting the costs involved within any complex/strategic project offers significant advantages – whether in negotiations within the procurement process, in developing more collaborative working relationships with your suppliers or in optimising efforts towards shared outcomes. And, while…

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Insource or Outsource? 5 key steps to decide the best route

While large single supplier outsourcing relationships were all the rage a few years ago, we are seeing clients increasingly opting for either multi-sourcing or bringing services back in-house. So the question remains for many organisations: whether insourcing, outsourcing or some form…

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Free eBook: The 5 Steps to Successful Strategic Commissioning

Download our free guide and learn the 5 Steps to Successful Strategic Commissioning

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