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Contract Negotiation Handbook


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Table of Contents

About the author v Introduction vii Part I The contractual environment 1 Springboard and safety net 3 2 Contracts what are they? 13 Part II Doing the deal 3 Preparing to do the deal 69 4 Negotiating doing the deal 91 5 Terms of contracts to keep an eye on 100 6 Traps for the seller pitfalls in negotiations 130 7 The telltale signs of the overseller buyer beware 147 8 The red zones 159 Part III The relationship ends 9 In the contract 167 10 What happens if the contract is breached? 179 11 All good things come to an end termination of contracts 190 12 Things ended badly how you know you are in a dispute 194 13 Making peace early 217 14 Getting help to fi x the problem but the warring parties decide 223 15 Getting help to fi x the problem someone else decides 234 16 Preparing for battle getting ready for the hearing 244 17 Preparing the case for hearing 247 18 In summing up 270 Appendix: The cheat sheet 272 Glossary 275 Index 279

About the Author

Damian Ward is a partner in Home Wilkinson Lowry, an Australia-wide commercial law firm. Damian has written extensively about contract preparation and negotiation, and has a monthly column in Managing Information Strategies (MIS) magazine. Throughout his career, Damian has assisted countless clients to resolve disputes arising from contracts.

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