Architect's Essentials of Negotiation, 2nd Edition

Introduction ix

A Word from an Owner xix

A Word from an Architect xxiii

A Word from a Construction Lawyer xxvii

1 Why You Want to Read This Book 1

How to Use This Book 5

2 Front-End Alignment 17

The Study 18

How to Use Front-End Alignment in Practice 37

3 The Purpose of Contracts 45

The Difference between Contracts and Torts 46

How Liable Are You? 60

The Purpose of Design and Construction Contracts 63

Managing Risk 76

4 Power and Leverage: How to Get It and Keep It 89

Negotiation: What Is It? 90

Why Architects Fear Negotiation 94

Two Ways to Negotiate: Hard and Soft 97

Another Way of Negotiating: Principled 101

How to Negotiate on the Merits 115

There You Have It: Principled Negotiation 125

5 Preparation Tips 127

Who Prepares More? 128

Negotiating Fees 141

Fees as Grease: An Operational Theory 144

Defining Your Value 147

Making the Pie Bigger 152

When “You’re Too Expensive” 155

Ava’s Preparation Cheat Sheet 158

6 The Communication Behaviors of Expert Negotiators 165

The Three Classes of Communication Behaviors 166

Whom Do You Trust? Who Trusts You? 183

What Expert Negotiators Don’t Do 197

7 Collaboration and Team Building 205

Types of Meetings 208

How to Make Meetings Work 214

8 How to Say Yes, How to Say No 231

Ava’s Rules of Contract Interpretation 236

Applying the Rules 241

Putting the Rules to Work 244

9 When the Best Laid Plans . . . 283

When a Rift Is Brewing: Recognizing Disputes 284

When the Air Thickens: Handling Confrontations 287

When a Change Is Looming: Managing Change 291

When a Claim Is in the Offing: Managing Claims 299

When a Lawsuit Is Pending: Negotiating Disputes 303

10 Pulling It All Together 311

One Final Story 320

Appendix Building a Support System 325

On Selecting Your Lawyer 326

A Word to My Legal Colleagues 328

If You Want to Learn More 332

Final Thoughts 338

Index 339