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INSTRUCTOR: 
Nils J. Gransberg, Ph.D., AC, A.M.ASCE

Purpose and Background

This seminar is a series of learning modules that have been developed to break down the contract negotiation process into its component steps and reassemble it into a straightforward, logical methodology for the development of effective negotiation strategies from the owner’s perspective. The process starts with analyzing a contract change’s critical cost and scope components and developing a cost scope of work and a negotiating plan that provides the basis for organizing the owner’s strategy to achieve a fair and equitable settlement of the contract change. Next, the components of the cost scope of work are prioritized by the owner’s negotiator in their order of importance to achieving the owner’s objectives in the negotiation. The seminar then proceeds to developing potential concessions for the low priority points that can be used to achieve the high priority points with the product being a script that forms the negotiating strategy to be used by the owner’s negotiator to control the progress of the negotiation. The seminar also includes information on how to negotiate from positions of strength and weakness, dirty tricks that are used by contractors in negotiations, and dealing with multi-party negotiations. The result is a comprehensive view of the contract change negotiation process and a set of proven negotiation tools to achieve mutual agreement to contract changes.

Benefits and Learning Outcomes

Upon completion of this course, you will be able to:

• Develop a detailed negotiating analysis of issues.
• Prepare and execute a negotiating script to effectively control the flow of information and communications.
• Apply production estimates for use in quantifying cost, time, and impact during change and claim analysis.
• Explain the fundamentals of analyzing and owner directed changes, contractor requested changes and force majeure events.
• Explain the fundamentals of analyzing and negotiating delay and other claims.

Assessment of Learning Outcomes

Achievement of the learning outcomes will be assessed through class discussion a short post-test (true-false, multiple choice and fill in the blank questions).

Who Should Attend?

Project Engineer, Staff Engineer, Project Manager, Senior Engineer, Principal Engineer, Engineer of Record, Construction Engineer, Construction Administrator, Project Executives, Owner’s Representative, etc.

Outline

DAY 1

1. Introduction to Contract Negotiation
2. Defining the Scope of Negotiations
3. Reading and Interpreting Verbal and Non-Verbal Communications
4. Developing a Negotiation Strategy

DAY 2

1. The Science of Active Listening
2. Preparing a Negotiation Plan
3. Scripting the Negotiation Plan
4. Recognizing and Neutralizing Dirty Tricks

How to Earn your CEUs/PDHs

This course is worth .8 CEU’s /8 PDHs. To receive your certificate of completion, you will need to complete a short on-line post-test and receive a passing score of 70% or higher within 30 days of the course.

How do I convert CEUs to PDHs?

1.0 CEU = 10 PDHs [Example: 0.1 CEU = 1 PDH]