Disputes, Claims, Variations, And Arbitration – Project Manager’s Role In Commercial Negotiation

Description of topics including reading samples

Learning outcomes of the unit

Learnings from your experience, this and prior unit reading, assignments

Supporting documentation including your prior learning

Week 7 Topic: Disputes, Claims, Variations, and Arbitration.

Collaborative Project Procurement Arrangements (2015) by Derek H. T. Walker and Beverly M. Lloyd Walker;

Cheung S.O., & and Chow P.T. 2011. Withdrawal in Construction Project Dispute Negotiation. Journal of Construction Engineering and Management. Volume 137, Issue 12

3. Differentiate methods of project negotiation, conflict management, and stakeholder engagement across projects consisting of differing technology standards and asset lifecycles.

The objective of this week’s topic is to make sure you have an appreciation of the Role of the Project Manager in Commercial Negotiation.  

Try to ask yourself the questions that were in the slides in the 9^thweek’s lecture:-

1. What is the Consequence of Disputes, Claims, Variations, and Arbitration?

The consequence of the above factors are that the above  factors lead to the development of negative attitude in a person  and can bring down the morale of the person

2. How can we Avoid Disputes, Claims, Variations, and Arbitration?

All these can be affected by the proper understanding and negotiating such that the requirement or demand of both the sides is met.

3. What happens if we don’t Avoid Disputes, Claims, Variations, and Arbitration?

If these are not avoided then there is problem in maintaining the productivity of the person individually and the organization as a whole.

Walker & Walker (2015) discuss a their Study Approachwhat are your thoughts regarding:

4. Does the World View of the Researchers Matter?

The world view of the research matters as this is important for the understanding the requirement of the stakeholder

5. Has the research been adequately Validated?

The research has been validated in a proper manner. The data collection process has been done in a proper way

Walker & Walker (2015) then in Chapter 5 discuss Data and Information resources that they accessed in undertaking the research what are your thoughts regarding:

6. Are the sources adequate for the researchers?

The sources that are present are adequate for the carrying out of the researches. There is enough amount of  data present that can be used and analysed to perform the research and put forward the best possible solution.  

7. Are they adequate for us and our topic of Commercial Negotiation?

Commercial negotiation is the process of the some form of adjustment or management of the resources in some manner such that to satisfy both the parties.   In this case, the sources provided are enough to give an idea about the commercial negotiation.

S.O. Cheung & and P. T. Chow in 2011consider the topic of Withdrawal in Construction Project Dispute Negotiation;what are your thoughts regarding:

8. Are the assumptions in Cheung & Chow’s research and hypotheses reasonable?

The assumptions are partially reasonable considering the surroundings in which the assumptions has been made.

9. Are the results of the true and false Hypotheses believable in your experience?

The Hypotheses appear to be true and quite believable

In conclusion to this week:

10. Do the ideas in Chapter 5 help in structuring your thoughts around Commercial Project Negotiation?

The chapter 5 clearly explains the process of  commercial negotiation through various processes thus helping in providing a clear picture of the concept.

11. How does this week’s topic relate to the previous weeks topics?

The previous weeks follow the process of commercial negotiation and this week also speaks about the process of commercial negotiation in different industries.

12. How relevant are the thoughts of Alfredson & Cungu from the Food and Agriculture Organization of the United Nations in the context of this chapter? Or are we looking at completely different ideas?

The thoughts are quite relevant in this field contributing towards making the concept of commercial negotiation clear

PPMP20011Unit Profile

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Have you any insights you can add from other units you have studies or readings you’ve made?

Anbari F.T., Giammalvo P., Jaffe P., Letavec C., and Merchant R. (Date Unknown) “The Chunnel Project”. PMI Case Studies in Project Management. https://www.pmi.org/~/media/PDF/Academic/case%20studies/Chunnel%20Project.ashx Visited …../…/…

Are any of the activities above relevant to your reflections for the learning outcomes on the right?

4. Explain and apply methods of identifying and reconciling inconsistent and conflicting objectives and drivers that develop, maintain, mange relationships and communication with key stakeholders.

The various methods for the development and the maintenance of relationship with the organization is the proper identification of the driving factors that may lead to the proper communication with the stakeholder. The identification of the target audience has to be identified and the proper workflow has to be maintained. The avoidance of any form of communication gap is the best way for the maintaining of the healthy relationships.

Have you any insights you can add from other units you have studies or readings you’ve made?

PMI. 2013a.A Guide to the Project Management Body of Knowledge (PMBOK Guide) 5^th Edition. USA: Project Management Institute.

Are any of the activities above relevant to your reflections for the learning outcomes on the right?

5. Explain the consequences of project delays, disruptions, and changes to planned activities and the methods for claims variations, liquidated damages, contract entitlements, and arbitration.

The consequence of the delays and disruption in the planned activities in a project may lead to the demoralization of the employees and may lead to the decrease of the productivity of the organization. These steps may even hamper the workflow of the organization and disrupt the reputation of the organization in the market, thus leading to loss of position in the market.

Have you any insights you can add from other units you have studies or readings you’ve made?

Peña-Mora F., and Tamaki T. 2001. “Effect of Delivery Systems on Collaborative Negotiations for Large -Scale Infrastructure Projects”. Journal of Management in Engineering. Vol:April 2001 pp.105-121

Are any of the activities above relevant to your reflections for the learning outcomes on the right?

6. Evaluate project management tools that help avoid or provide conflict resolution via negotiated solutions.

The various tools for project management to provide conflict resolution are:

Analyse the project in a proper manner in order to understand the requirements.

Planning of the project so that specific time is allotted for each part

Project schedule that helps in the allocate of the time to each of the tasks

Execution of the project plan according to the plan

Have you any insights you can add from other units you have studies or readings you’ve made?

Kerzner H. 2013.Project Management: A Systems Approach to Planning, Scheduling, and Control, 11^th Edition.  Hoboken, USA: John Wiley & Sons.