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Pre-contractual Due Diligence: How to validate a supplier’s sales pitch

Before signing up to new contracts – especially large ones – a round of pre-contractual due diligence is something that should never be skimped on, skirted around or ignored. This blog sets out essential steps to take before you walk into a…

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Early contract termination evidence: what do I need?

5 Must-Know Elements to Build a Strong Case for Contract Termination Terminating a strategic supplier contract early isn’t something you should do lightly. It poses a great many risks, not only due to the disruption terminating the contract will cause…

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In-Flight Contract Changes; Key Insights for Complex Projects

One of the most frustrating and stressful triggers within the world of complex outsourcing and solution integration projects is the challenge of in-flight contract changes. Here, the focus is not just on the mechanics of change, but on the degree…

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Unlocking Successful ERP Procurement and Implementation: A Step-by-Step Guide

In this article we focus on a step by step guide for your legal team to craft clear, purpose-driven contract terms for a successful ERP procurement and implementation. Successful ERP Procurement & Implementation In our accelerated business environment, a comprehensive…

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13 Outsourcing contract clauses to avoid

Outsourced relationships can often be punctuated with opportunities for controversy. Having dealt with improving the performance of over 500 outsourcing relationships, evidence continues to teach us that more than 50% of these high-value contracts fail to achieve their expected outcomes…

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FAQ: Can I delay payment under a contract?

The payment for services provided is a fundamental tenet of any contractual agreement, so the first question we’d ask, is ‘why?’. Why would a client organisation be looking to delay payment under a contract? If you are considering withholding payment…

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PFI Change Management: 5 Steps to Cut Costs and Improve Contractor Performance

Given the length and scope of PFI contracts, change is inevitable, so the effective administration of PFI change management, in terms of both the change process and its associated costs, is fundamental to successful PFI contract management. In this article…

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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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What is a void contract?

What a contract is and what it does is something that is likely to be understood by the individuals who subscribe to our thought leadership articles. But a void contract is not always obvious. A contract is defined as ‘a…

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Court rules that Stagecoach disqualified from Rail Franchise bid due to pensions non-compliance

A dispute that erupted in the first half of last year is once again in the news media. Stagecoach, one of a number of public transport providers in the UK and US, took the Department for Transport (DfT) to court…

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Was the Government too secretive over Brexit contracts? 4 lessons to consider when early contract termination is required

In a recent PAC (Public Accounts Committee) report titled Brexit Consultancy Costs, the committee brought to light the government’s £97m spend on consultancy firms (up to April 2019). It suggested this spend seemed to fail the government’s own standards in…

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5 Things to Look for When Choosing a Strategic Supplier

Your strategic supplier in whatever project you have decided to look for assistance on, is a linchpin to its success, to the value optimisation that is achieved throughout the process, and to the outcomes that are actually achieved. Choose your…

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Mid-term Contract Renegotiation: 6 steps to drive better value in your strategic partnership

The vast majority of outsourced relationships and complex projects are lengthy entities, often lasting five, ten, twenty years or more. It is likely that what may have suited your strategic partnership in the beginning will have moved on with what’s…

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Cabinet Office now expects ‘Living Wills’ from outsourcing firms – 3 checks to enact them

Carillion’s demise at the beginning of 2018 had an impact that stretched beyond the thousands of staff unsure of their employment future and the tens of thousands of businesses that found themselves out of pocket. The collapse of such a…

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Is there a Perception that Oracle is Misleading its Clients Over its Cloud Licensing Terms? 5 insights to be aware of

I recently came across an article in Forbes about Oracle’s cloud licensing terms that raises questions about whether it is misleading its clients over its operating practice. While this issue has arisen over Oracle’s cloud offerings, the key principles may…

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Agreements to Agree: Three Reasons why This Last Resort now has Legal Teeth

Many pressures beset those responsible for large-scale projects, forcing them to choose between a fastidious approach to procurement and project management, and meeting the time restrictions or budgetary constraints they are often required to work under. These are the circumstances…

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PFI Finance – 12 Tips to Control and Reduce Your PFI Costs

The day to day pressures of managing a PFI contract tends to lead one to focus on operational issues, yet the importance of devoting considerable time and energy to keeping on top of PFI costs cannot be undervalued. Take a…

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Ambiguous contract terms being used against you? 4 little known facts to stop the unfairness and add clarity

This article aims to offer some useful advice on how to handle the rather delicate negotiations required to provide clarity in what can be regarded as otherwise ambiguous contract terms, unclear expectations, roles and responsibilities between you and your supplier.…

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Major Projects Price v Value

A Look Into The NAO’s Research On Emerging Best Practices And Lessons Learnt For Major Projects

In a recent article titled ‘NEW National Audit Office guidance for supplier operating standards that could change everything’, we took a look at the most recent update of the Government Commercial Function’s (GCF) eight ‘Commercial Operating Standards’ and discussed their…

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New Court Ruling: You Can Now Rely on Agreements to Agree – 3 Lessons

When entering into a new strategic relationship for outsourcing or a major technology solution project, the agreement at some point in its formation will be subjected to time pressures from internal or external sources. It could be that the client…

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Problematic Big IT Projects: Can your contract force ‘good faith’ from your vendor? New court rulings suggest it can

If you are to believe the statistics published on problematic big IT projects – whether a commercial sector Enterprise Software implementation (ERP), a Local Authority Client Relationship System (CRM) or an NHS Trust dealing with a problematic Electronic Patient Records…

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How Vendors Can Use the Entire Agreement Clause to Stop You Cutting Costs – and what to do about it

Most organisations, whether in the public or private sector, are under extreme pressure to cut service costs – and quickly. But they also remain under pressure to keep service levels as high as they possibly can. And minimise complaints from…

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Mediator

Faltering Strategic Partnership? The Merits of Mediation

With the best of intentions, strategic partnerships and major projects can still falter. Such failings are typically down to a lack of quantifiable goals or a failing in the translation of business outcomes to contract terms (which are typically easily…

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5 Common Cloud Computing Contract Terms You Must Look Out For

5 Common Cloud Computing Contract Terms You Must Look Out For

In the past few weeks we have explored how cloud computing procurement can go wrong and how an adjusted approach to the same situation can result in a beneficial outcome. However, we ended last week’s post with a disclaimer —…

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Managed Service Provider Up For Sale? 3 Risks to Consider and 3 Steps to Take

The news last Thursday that Northgate Managed Services has put itself up for sale comes as little surprise to those of us with extensive experience in the managed services sector. The company has been struggling to provide any significant return for its…

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Grab your free download now

Free eBook: 8 Steps to Improve Outsourcing Performance

This 43-page guide will show you 8 little-known ways to help you to improve outsourcing performance

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improving outsourcing relationships
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