Commercial Risk Management (Thorogood Professional Insights by Tim Boyce

By Tim Boyce

Regardless of glossy instruments and versions, tasks have gotten extra advanced and so extra topic to threat. expanding use of litigation implies that managers needs to now have a miles sharper advertisement snatch. This file introduces the idea that of overall possibility administration because the key process for lowering chance and explains the the most important connection among undertaking administration (the activity) and advertisement administration (the agreement) and the necessity for working them in tandem.

The merits to you're transparent: you'll considerably decrease the danger of significant difficulties bobbing up; the place difficulties do come up, you'll drastically lessen the chance of catastrophic effects; undertaking probability administration and advertisement possibility administration are too usually dealt with separately--even even though they either have an analogous goal: to accomplish the undertaking on time, to specification and inside price range, without hidden liabilities (the lurking time bombs).
Bringing jointly those features of undertaking administration at top agreement level is already too past due. they should be mixed from bid degree on in a complete chance administration process.

The document will aid you: absolutely savour the entire advertisement dimensions of significant initiatives; know how to spot the entire hazards through the pre-contract bidding part; be totally conscious of the hidden advertisement hazards of items stated or performed in sturdy religion ahead of, in the course of and after agreement negotiations; glance past technical and timeframe concerns to the industrial elements of undertaking implementation; comprehend the hazards and difficulties of changing a winning bid right into a stable agreement.

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Sample text

These heady responsibilities demand that the Risk Review Board is comprised of senior managers representing the broad perspectives of the prime contractor’s interests. In particular the fourth responsibility listed above is most onerous. Companies are in business to make a profit in return for taking a risk, but that does not mean that a prime contractor is in business to take any risk no matter how great, no matter how dire the potential consequences. Therefore the final decision to proceed or not with the bid must rest with the Risk Review Board un-swayed by the bidding costs incurred, the momentum and wishes of the bid team or the possible reaction of the client if a bid fails to appear.

Client discretion or the client’s right not to pay until he has received monies from his customer (the ‘pay-when paid’ regime) introduce uncertainty and therefore risk to the prime contractor both of which were supposed to have been avoided by the inclusion of firm payments arrangement. Payment against a letter of credit whereby a third party (normally a national bank in the country of the prime THOROGOOD PROFESSIONAL INSIGHTS 44 3 FINANCIAL RISK contractor) will automatically pay against the proper presentation of documents defined in the prime contract removes this uncertainty and risk although such arrangements are usually reserved for trading with overseas clients who may be considered of low credit-worthiness, not motivated to pay and remote from effective legal action.

E. capable of acceptance in the legal sense) is to make sure that communications with the client which are not offers should be clearly so identified. Letters or other documentation conveying information, outline proposals, indications of cost, budgetary estimates etc should be phrased so that it is clear that no offer is being made. Oral communications should be similarly safeguarded. When an offer is made it is wise to express a validity period. This is the period within which the offer can be accepted so as to create a prime contract.

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