Tags |
|
|
Links |
|
|
Answer Upon - Contracts that Work - So Sue Me!
In the arena of marketing, the weapon of choice is always advertising. Only through advertising can the target market know about your product, what it can offer and what edge it has above other brands, products or services in the same category.Advertising is the tool to use, which will educate the customer about your offer. Without a means to let the customer know about your unique selling proposition, all your efforts will not be able to reach its full potential in sales and revenue for your business.Given this fact, at this point you may be scratching your head and thinking to yourself that advertising doesn't work because perhaps you have been advertising yo
• Take your time.
Easier said than done in a world in which everything is needed yesterday. But which is more damaging – a delay to get the project right or damage control when the project comes apart? Consider what a commitment to “first at all costs” did for General C
It is relatively simple to create a profitable system for trading forex, stocks, or commodities on paper, but it is not easy to successfully implement the system once it is created. While the primary forces underlying market behavior are fear and greed, the primary cause of unprofitable trading is IMPATIENCE, which may very well be a subset of both fear and greed.A profitable trading system requires three basic elements and three fundamental characteristics. The basic elements are a strategy for entering positions, a strategy for protecting positions from unacceptably large losses, and a strategy for exiting positions with a profit. The fundamental characteristics
Let’s explore some of the common causes of deal failure:
• The vendor is dishonest. (Customers may also be dishonest, but that raises issues outside the scope of this essay.)
In some ways, this situation is the easiest to deal with. The more blatant the vendor’s misconduct, the easier it is to “pull the plug” and look for an alternative vendor. Time and money will still be lost, but the customer who acts promptly will at least limit his or her losses. If the vendor is dishonest, but conceals it well, is incompetent yet earnest, customer may attempt to nurse the project along, allowing losses to mount. (Of course, a vendor who is honest but in over his head may eventually admit the fact and negotiate a buy out, thereby avoiding the need for either side to proclaim “So Sue Me.”)
• Happily, genuine vendor dishonesty is relatively rare. More frequently the parties have almost complete power to avoid contractual disputes simply by negotiating and documenting their agreements thoroughly. That requires time and effort, and it requires each side to leave their comfort zone and ask “What will happen if things go wrong.” That question is contrary to the mindset deemed necessary to “do the deal.” Negotiators are trained to be positive, to “get to yes” and NOT to rock the boat. But really making sure that the deal will work requires recognition that things can, and probably will, go wrong.
Problems fall into two general categories: the unforeseen and the unforeseeable. A good contract goes to great lengths to eliminate the unforeseen, and provides mechanisms to deal with the unforeseeable. “The unforeseen” is simply a polite name for “the overlooked.” Overlooking a key condition or a vital contingency is not a career enhancing exercise. While there are no sure and certain guarantees against oversights, there are safeguards that can substantially reduce the exposure:
• Take your time.
Easier said than done in a world in which everything is needed yesterday. But which is more damaging – a delay to get the project right or damage control when the project comes apart? Consider what a commitment to “first at all costs” did for General C
With the digital age in full swing – and with mobile phones and digital cameras spreading at exponential rates – providing a place to store and display photos is becoming a serious online business. That’s where image Web hosts come in. They allow individuals to upload images on to a website and to store those images on their Web servers.Depending on what a user is looking for, image hosting comes in various forms. Do a Web search and you’ll find solutions ranging from free, bare-bones uploading on an ad-splashed site – where images may never be found again – to paid services, offering organized features, unlimited bandwidth and quality support.With such an exte
Let’s explore some of the common causes of deal failure:
• The vendor is dishonest. (Customers may also be dishonest, but that raises issues outside the scope of this essay.)
In some ways, this situation is the easiest to deal with. The more blatant the vendor’s misconduct, the easier it is to “pull the plug” and look for an alternative vendor. Time and money will still be lost, but the customer who acts promptly will at least limit his or her losses. If the vendor is dishonest, but conceals it well, is incompetent yet earnest, customer may attempt to nurse the project along, allowing losses to mount. (Of course, a vendor who is honest but in over his head may eventually admit the fact and negotiate a buy out, thereby avoiding the need for either side to proclaim “So Sue Me.”)
• Happily, genuine vendor dishonesty is relatively rare. More frequently the parties have almost complete power to avoid contractual disputes simply by negotiating and documenting their agreements thoroughly. That requires time and effort, and it requires each side to leave their comfort zone and ask “What will happen if things go wrong.” That question is contrary to the mindset deemed necessary to “do the deal.” Negotiators are trained to be positive, to “get to yes” and NOT to rock the boat. But really making sure that the deal will work requires recognition that things can, and probably will, go wrong.
Problems fall into two general categories: the unforeseen and the unforeseeable. A good contract goes to great lengths to eliminate the unforeseen, and provides mechanisms to deal with the unforeseeable. “The unforeseen” is simply a polite name for “the overlooked.” Overlooking a key condition or a vital contingency is not a career enhancing exercise. While there are no sure and certain guarantees against oversights, there are safeguards that can substantially reduce the exposure:
• Take your time.
Easier said than done in a world in which everything is needed yesterday. But which is more damaging – a delay to get the project right or damage control when the project comes apart? Consider what a commitment to “first at all costs” did for General C
Pre-settlement funding can be a confusing concept. Plus, most people have never been exposed to the concept of pre-settlement funding so the average person probably has many questions such as: What is a pre-settlement funding? Do I need pre-settlement funding? How do I get funding for my lawsuit? When I am approved for funding, do I have to pay back the money? If I am denied funding does it mean that I do not have a good case? These are all very good questions and are answered below.What is pre-settlement funding? Pre-settlement funding is not a “loan” at all but rather it is a cash advance based upon the merits of a lawsuit that provides a plainti
• Happily, genuine vendor dishonesty is relatively rare. More frequently the parties have almost complete power to avoid contractual disputes simply by negotiating and documenting their agreements thoroughly. That requires time and effort, and it requires each side to leave their comfort zone and ask “What will happen if things go wrong.” That question is contrary to the mindset deemed necessary to “do the deal.” Negotiators are trained to be positive, to “get to yes” and NOT to rock the boat. But really making sure that the deal will work requires recognition that things can, and probably will, go wrong.
Problems fall into two general categories: the unforeseen and the unforeseeable. A good contract goes to great lengths to eliminate the unforeseen, and provides mechanisms to deal with the unforeseeable. “The unforeseen” is simply a polite name for “the overlooked.” Overlooking a key condition or a vital contingency is not a career enhancing exercise. While there are no sure and certain guarantees against oversights, there are safeguards that can substantially reduce the exposure:
• Take your time.
Easier said than done in a world in which everything is needed yesterday. But which is more damaging – a delay to get the project right or damage control when the project comes apart? Consider what a commitment to “first at all costs” did for General C
Just today my partner Russ and I sat down to hash out a nagging frustration. It took a little bantering back and forth [not without some rise in emotional tension I’ll have you know] until we got at the heart of the issue. Unmet expectations!Stop and look back at the last time you were frustrated with your life or business partner. Odds are it was because he/she did not meet your expectations.Expectations of… Leaving the toilet seat up or down Making the bed Meeting you at the restaurant on time And so on. These expectations can be small or large, simple or complex, pertinent or absurd;
Problems fall into two general categories: the unforeseen and the unforeseeable. A good contract goes to great lengths to eliminate the unforeseen, and provides mechanisms to deal with the unforeseeable. “The unforeseen” is simply a polite name for “the overlooked.” Overlooking a key condition or a vital contingency is not a career enhancing exercise. While there are no sure and certain guarantees against oversights, there are safeguards that can substantially reduce the exposure:
• Take your time.
Easier said than done in a world in which everything is needed yesterday. But which is more damaging – a delay to get the project right or damage control when the project comes apart? Consider what a commitment to “first at all costs” did for General C
Options are an extremely attractive and economical way to enter the stock market, since the capital expenditure is minimum in comparison to a straight stock investment and also the return on investment can be a lot more. They offer higher leverage since they are cheaper to purchase as individuals are only purchasing the premium to buy or sell a certain option, that is to say a right to buy or an obligation to sell.An option is a right to purchase or sell some shares within a specific period of time. If traders purchase a "call" they suppose that the stock price will rise and if purchase a "put" they believe the stock price will fall. When individuals purchase a call i
• Take your time.
Easier said than done in a world in which everything is needed yesterday. But which is more damaging – a delay to get the project right or damage control when the project comes apart? Consider what a commitment to “first at all costs” did for General Custer.
• Do your homework.
o What needs to be done?
o When?
o By whom?
o What contingencies must be addressed?
o HOW will they be addressed (and by whom)?
o Which project/product features are “must haves”?
o Are there key personnel who need to be identified?
o Are there target dates?
o Which of the targets are guideposts and which are central to successful completion?
o If there are no target dates, why not? After all, time is money.
o What is the business problem you are attempting to solve?
o What are your standards for success?
If you are not solving a specific and defined business problem, or meeting a specific need, why are you spending time and money on the project?
If you cannot identify what will constitute success, why are you spending time and money on the project?
This brings us back to “take your time.” If the project is so rushed that its fundamental goals have not been defined, trouble may not be far off.
• Play “Devil’s advocate.”
o WILL this project solve the specified business problem?
o What CAN go wrong?
o How will you respond when things do go wrong?
It is tempting to cut corners at this time. Planning to respond to problems is hard work. But failing to put in the necessary effort will simply invite one side or the other to proclaim, at the worst possible time: “So sue me!”
Even the most thorough and searching project plan cannot anticipate all problems. Key personnel may leave abruptly. A third party’s product may not arrive on time, or may not work as promised. Management may cut the budget. Business changes may render the project unnecessary, or may require substantial revisions.
Enter the change control provisions, which can serve a number of useful purposes:
• Eliminate time wasted on finger-pointing
• Eliminate (or at least reduce) the possibility of one side taking undue advantage of the other
• Keeping the deal alive.
But did you include change control provisions in the contract? Did you specify:
• Who will respond when problems arise?
• Who is authorized to amend the agreement?
• A problem escalation procedure?
• A dispute resolution procedure?
•
HTTP = HTML link (for blogs, profiles,phorums):
<a href="http://www.hubyou.info/article/127713/hubyou-Contracts-that-Work--So-Sue-Me.html">Contracts that Work - So Sue Me!</a>
BB link (for phorums):
[url=http://www.hubyou.info/article/127713/hubyou-Contracts-that-Work--So-Sue-Me.html]Contracts that Work - So Sue Me![/url]
Related Articles:
Motivate Your Employees And Keep Them
Small Business Insurance: Do You and Your Subcontractors Need It?
Bookmark it:
|