What Will This Book Do for You? This book provides a survival manual for anyone involved in the crafting, structuring, negotiating, supporting or managing contracts involving commercial transactions of goods, services or both. It blends the practical with general legal principles and highlights best practices for supply chain professionals and anyone else involved, directly or indirectly, with the generation or management of contracts from cradle-to-grave. Even commercially wise and sophisticated organizations can be untrained and unaware of certain gaps and traps in the management of their contracts. This book addresses those pitfalls and provides lessons learned and guidance that are not typically taught at the college or even graduate school level. Experience can be hard and expensive to come by and this book provides a concentrated dose of experience that immediately raises the reader’s level of sophistication and awareness for gaps and traps while providing practical solutions to pitfalls that can haunt any organization. Left unchecked, these pitfalls can lead to dysfunction and confusion; both of which can be an expensive proposition in today’s competitive and uncertain economic environment. Who Should Use this Book? Supply Chain Management Professionals, Risk Managers, Insurance Experts, Project Managers, Purchasing Agents, Contract Administrators, Executives and any business or technical professionals who are involved with developing, managing or implementing projects, purchases or any complex transaction or procurement where cost, schedule and scope certainty are important. What Does This Book Cover? This book covers how the relationship of the parties affects commercial transactions and addresses the importance of upholding the integrity of the process and the contract by understanding key supply chain best practices. The book focuses on contracting strategies and approaches including how to structure requests for proposals and instructions to bidders as well as key considerations in pricing and pricing adjustments, risk management tools and techniques, the importance of defining the deliverables and outcomes, negotiation strategies and techniques, negotiating warranties and remedies, applying leadership and influencing skills to the process, how to implement sound change management as well as capturing and applying past lessons learned. In addition, special attention is given to the importance of sound “kick off” and “close out”, including termination for cause or convenience techniques and other best practices.

Contract and Risk Management for Supply Chain Management Professionals

Business & Money

Humbert, Esq., X. Paul

Mastice, MSME, Robert C.

Management & Leadership

X. Paul Humbert

ABOUT THIS BOOK This book assists the reader and provides value in three ways: First, model contract language in the form of commercial terms and conditions are provided. Second, the contract language is annotated with explanations and suggestions for each of the key articles. Third, summaries of actual litigated cases are provided in synopsis form. This triple combination of language, annotations and key case synopses all work together to instruct and enlighten the reader. WHAT OTHERS HAVE SAID ABOUT THIS BOOK “This book is a superb tool for anyone who relies upon contracts in their business dealings..." Nick Conca, Esq. Chief Claims Officer, Markel Corporation "The authors have hit the ball out of the park! They have crafted an easy to read and easy to understand contracts primer that all supply / demand chain professionals will embrace..." Dan Klepacki, MBA, BS Engineering Adjunct Professor - Rutgers Business School and Senior Industry Advisor Rutgers SCM Program “This book should be required reading for any Project Manager..." Frank V. Cielo, PMP Head of Operational Excellence KEMA Laboratories Chalfont DNV GL Energy “After having read Model Contract Terms and Conditions With Annotations and Case Studies, by Paul Humbert and Robert Mastice, I hope that this treatise becomes a standard manual in any situation where personnel have to develop and draft contracts in any business setting...." Glenn A. Montgonery, Esq., B.A., M.A., J.D. Montgomery, Chapin &amp; Fetten, P.C. “Finally, a concise, annotated source of model contract terms and conditions with case summaries and citations prepared by those with actual, hands-on experience with complex project management transactions...” Glen Clark, Esq. Managing Partner Riker Danzig, Esqs. “The authors' practical experience and technical knowledge combine to provide a valuable guide for executives in the industry. This book contains valuable, real-world framework for successful capital project execution..." Guy Cipriano, P.E. President-EI Associates “Authors Paul Humbert and Robert Mastice do an exquisite job of simplifying and decomposing a complex topic in a pragmatic way..." Charlie White Entrepreneur &amp; Principal Partner Thwakk, Inc “Contracts make the commercial world go round. The authors have done a stellar job of demystifying the contracting process, and what can be intimidating “legal” terms and conditions..." James A. Silva VP Solution &amp; Business Development HD Supply – Power Solutions “Paul Humbert and Robert Mastice have written an invaluable resource for any business person or attorney who deals with commercial contracts. They provide section by section explanations of the purpose of, and rationale for, a wide range of common commercial contract provisions. Their commentary is illuminating for anyone who deals with those types of provisions. I have practiced law for more than 35 years. I wish that a resource like this had been available to me when I began to practice. I recommend it wholeheartedly to anyone, lawyer or non-lawyer, who would like to increase his or her understanding of commercial contracts.” Richard Cogen, Esq. Partner Nixon Peabody, LLP OTHER BENEFITS OF THIS BOOK This book also facilitates the creation of a project or transaction specific Contract Management Plan. (“CMP”). A CMP is essentially an internal document prepared by either the Company or the Contractor for use by their respective employees in managing the transaction that is the subject of the Contract. The CMP is not shared with the other party since it deals exclusively with the internal considerations and mechanics associated with one party’s administration and management of its rights and responsibilities under the Contract. The CMP supplements the Contract and also permits a documented methodology for applying lessons learned from past transactions.

Model Contract Terms and Conditions with Annotations and Case Summaries

Humbert, X. Paul

Mastice, Robert C.

BUILD, EVALUATE OR REDESIGN YOUR SUPPLY CHAIN TRANSACTIONS USING THE PLAYBOOK APPROACH In “PLAYBOOK” the authors apply their decades of experience with procurement, supply chains, contract management and risk mitigation to provide a well-defined methodology for safely and effectively entering into and managing supply chain transactions from “cradle to grave”. There is often a gap between the theory of supply chain management and its actual application in a contracting or commercial context. In “PLAYBOOK”, the authors bridge that gap and provide a clear process for engaging in sound supply chain transactions in a manner best suited to each organization’s unique needs. “PLAYBOOK” offers a disciplined 49 step pathway for building or improving an organization’s supply chain transactions while managing risk and upholding the integrity of the contractual relationship. How well those transactions are entered into, as well as managed, is a critical but often overlooked risk management function. As so aptly stated in the Foreword written by Dr. Darren Prokop, Professor of Logistics at the College of Business and Public Policy – University of Alaska Anchorage: “Humbert and Mastice understand that supply and demand chains are not just linkages through which inputs and finished goods move to their ultimate customer; rather, they are means by which people meet, negotiate and contract with each other.” “PLAYBOOK” identifies and explains 49 steps that an organization can follow either as a model or to modify its own supply chain transaction processes. By using or adapting the “PLAYBOOK” steps, an organization can build or improve its own Playbook, unique to itself but based on sound protocols. “PLAYBOOK” also creates the opportunity to position the organization for consistency, efficiency, risk avoidance and improvement in today’s highly competitive, ever-changing global supply chain environment. Once an organization institutes a Playbook, it can not only adjust to change but also anticipate, adapt and take advantage of change while carefully managing the specter haunting every transaction, namely: RISK. OTHER BOOKS BY THE AUTHORS “Contract and Risk Management for Supply Chain Management Professionals”, ISBN 10: 061595678; ISBN 13:9780615956718; Library of Congress Control No: 2014901576, available through Amazon.com. “Model Contract Terms and Conditions with Annotations and Case Summaries”, ISBN 10: 0692272089; ISBN 13:9780692272084; Library of Congress Control No: 2014914436, available through Amazon.com.

Build Your Playbook for Managing Supply Chain Transactions: WITH DESKTOP TOOLS, REFERENCES AND SAMPLE FORMS

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Books by X. Paul Humbert