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Week 1 Topic: Commercial Planning and Commercial Projects.

Wikipedia article Channel Tunnel;

Peña-Mora F., and Tamaki T. 2001. "Effect of Delivery Systems on Collaborative Negotiations for Large -Scale Infrastructure Projects”;

21 Apr 2016 Channel Tunnel's unique status confirmed;

29 June 2016 Brexit negotiations: Four ways to get a good deal;

YouTube:

The Chunnel - World's Longest Underwater Tunnel - History Channel.

1. Describe the operation of diverse and complex government and non-government project contractual arrangements relevant to a range of managed services, ICT, and build agreements.

The objective of this week’s topic is to make sure you have a broad understanding of commercial planning and commercial projects.

Try to ask yourself the questions that were posed in the 1st week’s lecture :-

1. What is a Commercial Planning?

1. What is a Commercial Project?

1. What role does Commercial Planning and Commercial Project Management have in the project, program, and a portfolio hierarchy?

1. Are there any essential keys for success between the participants of large scale projects?

In the Wikipedia article and the other readings for the Channel Tunnel (Chunnel); Project try to explain:-

1. How much negotiation would have occurred during the project?

1. Who would the negotiation have been between?

1. Would successful negotiation have mitigated any of the subsequent outcomes?

1. What would have been required to undertake successful negotiation between the parties?

Then in the Peña-Mora F., and Tamaki T. paper about the Effect of Delivery Systems on Collaborative Negotiations for Large-Scale Infrastructure Projects, try to explain:

1. Do cultural dimensions of the participants impact on the Collaborative Negotiation Methodology?

1. Does the type of Contract impact on the subsequent Negotiation?

What is your overall conclusion of the paper?

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Week 2 Topic: Theory of Negotiation and Negotiation in Practice.

Alfredson T., & Cungu A. 2008. Negotiation Theory and Practice;

Kerzner (2013) Section 25.5 Managing Troubled Projects;

William Ury and Robert Fisher (2012) GETTING TO YES: Negotiating an agreement without giving in;

YouTube: Popular Videos – Negotiation;

2. Analyse common arguments using logic, persuasion and influence factors as commonly applied to conflicting and/or competing stakeholder agendas.

The objective of this week’s topic is to make sure you have an appreciation of the fundamentals of the philosophical basis and methods of negotiation.

Try to ask yourself the questions that were in the slides in the 4th week’s lecture:-

1. Does the ‘Theory’ outlined in the Alfredson T., & Cungu A., 2008 paper match the concept of negotiation in this unit?

2. In the more serious YouTube videos do you find that they support or contradict the concept of “commercial negotiation” as outlined in the first two weeks of the unit?

3. Is the “art of negotiation” applicable to the Chunnel Project?

In Alfredson T., & Cungu A. 2008. Negotiation Theory and Practice paper they raise a number of points, in reflection:

4. Is negotiation really part of policy making? In what way is it so?

5. Is negotiating something that is related to a tangible outcome, such as the Chunnel, the same as negotiating something that is intangible, such as the end of a war?

Kerzner (2013) Section 25.5 Managing Troubled Projects also raises interesting points, particularly around the bullets that Kerzner has in his section. So how many of these can be used as trigger points or times that negotiation should employed to avoid a troubled project:

6. What bullets in this section apply to negotiation?

7. Are there any similarities between Alfredson T., & Cungu A. 2008 paper and this section?

8. Could Kerzner’s Recovery Life-Cycle Phases be applied in the Theory outlined in Alfredson & Cungu?

Your tutor might have shown you a World Bank Institute collaborative video

…. https://www.youtube.com/watch?v=1FeM6kp9Q80. Do you think regarding stakeholder that there:

9. Are different stakeholders in negotiation?

10. How can we manage the stakeholders?

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Week 3 Topic: The Role of the Project Manager in Commercial Negotiation.

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

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 3rd week’s lecture:-

1. What role do you think the project manager has in commercial negotiation?

2. Does that role vary according to the type of project?

3. Does that role vary according to the type of industry or domain?

4. Does that role vary according to where the person is in the organisation i.e. project manager, program manager, portfolio manager?

5. What does the material in this week have to do with the Chunnel Project?

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

In the Executive Summary and Chapter 1 of Walker & Walker (2015) Collaborative Project Procurement Arrangements, in reflection:

7. What is Relationship-based Procurement (RBP)?

8. What does Procurement have to do with Negotiation?

9. In what way does the engagement of the Project Manager vary according to the level (1, 2, & 3)?

Have you spent any more time with YouTube and do you have any more reflections you wish to write about?

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Week 4 Topic: Managing Stakeholders' Commercial Interests vs. Stakeholders' Political Interests.

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

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 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 this week’s lecture: -

1. What is the range of Stakeholders’ Commercial Interests, i.e. is there a Taxonomy?

2. What is the range of Stakeholders’ Political Interests, i.e. is there a Taxonomy?

3. How can you compare and contrast Commercial and Political factors?

4. What are the theories and research behind Commercial and Political interests and factors?

Walker & Walker (2015) discuss a number of aspects of Project Characteristics what are your thoughts regarding:

5. Is it appropriate to think of procurement negotiation on the basis of Novelty, Complexity, Pace and Technology?

6. What new ideas can be gained from the NCTP concept for ideas and practice around Commercial Negotiation?

7. Does the Four-quadrant perspective make sense to you?

8. What new ideas can be gained from the Four-quadrant perspective concept for ideas and practice around Commercial Negotiation?

9. Does the Organizational Learning Process perspective make sense to you?

10. What new ideas can be gained from the Organizational Learning Process perspective concept for ideas and practice around Commercial Negotiation?

11. Does the Identity Process perspective make sense to you?

12. What new ideas can be gained from the Identity perspective concept for ideas and practice around Commercial Negotiation?

13. Does the Complex Product-Services perspective make sense to you?

14. What new ideas can be gained from the Complex Product-Services perspective concept for ideas and practice around Commercial Negotiation?

Walker & Walker (2015) then in Chapter 2 discuss a number of aspects of Project Life-Cycle Theory and Project Procurement Forms what are your thoughts regarding:

15. Does the Project Life Cycle perspective make sense to you?

16. What new ideas can be gained from the Project Life Cycle perspective concept for ideas and practice around Commercial Negotiation?

17. Does the Forms of Project Procurement perspective make sense to you?

18. What new ideas can be gained from the Forms of Project Procurement perspective concept for ideas and practice around Commercial Negotiation?

Finally Walker & Walker (2015) look beyond the “Iron Triangle”, and so what are your thoughts regarding:

19. Does the Beyond the Iron Triangle perspective make sense to you?

20. What new ideas can be gained from the Beyond the Iron Triangle perspective concept for ideas and practice around Commercial Negotiation?

In conclusion to this week:

21. Do the ideas in Chapter 2 help in structuring your thoughts around Commercial Project Negotiation?

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

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Week 5 Topic: Communicating in Commercial Negotiation vs. Project Communication.

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

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 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 5th week’s lecture:-

1. In what way, would our approach to the Negotiation Interaction Process vary as a consequence of the Economic Logic, or the Strategic Logic, or the Tactical/Pragmatic Logic?

2. In what way, would our approach to the Negotiation Methods vary as a consequence of the Economic Logic, or the Strategic Logic, or the Tactical/Pragmatic Logic?

3. In what way, would the Governance ‘Hard’ features impact on our approach to the Negotiation Interaction Process and Negotiation?

4. In what way, would the Governance ‘Soft’ features impact on our approach to the Negotiation Interaction Process and Negotiation?

5. In what way, would the Accountability and Transparency features of Governance impact on our approach to the Negotiation Interaction Process and Negotiation?

6. In what way, would our approach to the Negotiation Interaction Process and Negotiation Methods vary as a consequence of the Tame, Messy, Wickedness, or Complexity of the project?

7. Is the Johari-Oriented Cynefin Typology of Project Awareness a meaningful model that can be applied to Commercial Project Negotiation and Communication with Project and Commercial Participants?

At an overall level:

8. What does the material in this week have to do with the Chunnel Project?

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

10. What does role does the project manager have in the negotiation process?

11. Are the levels discussed in Chapter 3 the same as the project, program and portfolio levels in the PMBOK?

Have you spent any more time with YouTube and do you have any more reflections you wish to write about?

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Week 6 Topic: Commercial Conflict Resolution.

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

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

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 6th week’s lecture:-

1. What is the influence of Trust upon Commercial Negotiation?

2. Can Trust be changed by Political Interests?

3. Does Trust assist in Commercial Conflict Resolution?

4. What is the influence of Collaboration Frameworks upon Commercial Negotiation?

5. Can Co-learning between Teams change the outcomes of Commercial Negotiation?

6. In what way does taking the Perspective of others help or hinder Commercial Negotiation?

7. How does Social Capital impact on Commercial Negotiation?

8. Does it change as a consequence of the parties Cultural Background?

9. How does Social Capital impact on Commercial Negotiation?

10. Does it change as a consequence of the parties Cultural Background?

11. How does Social Capital impact on Commercial Negotiation?

12. Does it change as a consequence of the parties Cultural Background?

In conclusion to this week:

13. Do the ideas in Chapter 4 help in structuring your thoughts around Commercial Project Negotiation?

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

15. 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?

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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

7. 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 9th week’s lecture:-

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

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

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

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

4. Does the World View of the Researchers Matter?

5. Has the research been adequately Validated?

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?

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

S.O. Cheung & and P. T. Chow in 2011 consider 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?

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

In conclusion to this week:

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

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

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?

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Week 8 Topic: Commercial Negotiation in Government vs. Private Organisations.

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

8. 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 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 8th week’s lecture:-

1. What is the Difference between Government & Private Organisations?

2. Does that Difference mean that Commercial Negotiation is Different between Government and Private Organisations?

3. What is the Implication of the Differences to other parties, such as Contractors, or Designers?

Walker & Walker (2015) discuss several aspects regarding emerging forms of collaboration what are your thoughts regarding:

4. What is the basis for answering

a. RQ1 - What are the fundamental characteristics of emerging RBP forms?

b. RQ2 - Do these RBP forms vary in different parts of the globe and, if so in what way?

Walker & Walker (2015) then in Chapter 6 discuss Collaboration as Four Orders of Project Team Collaboration what are your thoughts regarding:

5. Have you come across these forms of Collaboration?

Walker & Walker (2015) then in Chapter 6 discuss Relationship Intensity of Various RBP Forms what are your thoughts regarding:

6. The implications upon negotiation with these forms of relationship?

7. Will it be easier with some that others?

8. Would the outcomes be impacted by a need for probity and governance in Government Commercial Negotiation situations?

Finally, Walker & Walker (2015) look at the RBP Wittgenstein’s Family Resemblance Model, and so what are your thoughts regarding:

9. Can you see the way that the following would impact on negotiated outcomes?

a. Platform Foundation Facilities

b. Behavioural Factors

c. Processes, routines and means

In conclusion to this week:

10. Do the ideas in Chapter 6 help in structuring your thoughts around Commercial Project Negotiation?

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

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?

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Week 9 Topic: Applying Project Management Standards and Frameworks.

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

9. 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 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 8th week’s lecture: -

1. What are Project Management Standards and Frameworks?

2. In what way would Project Management Standards and Frameworks impact on Commercial Negotiation?

3. How would the impact on Commercial Negotiation be influenced by Project Management Maturity?

Walker & Walker (2015) discuss the general thrust of this investigations in Chapter 7 (p 137) what are your thoughts regarding:

4. Do the conclusions in Chapter 7 p 137 seem reasonable to you?

Walker & Walker (2015) then in Chapter 7 talk about a “PraXitioner” what are your thoughts regarding:

5. Have you come across a PraXitioner?

6. Do you agree with the authors that a PraXitioner is the way forward?

7. Has this unit helped you to become a PraXitioner?

Continuing the theme of the PraXitioner Walker and Walker look at Implications for PM Education and Skills; what are your thoughts regarding:

8. Do you think that there will be a future shortage of good PraXitioner’s in Commercial Negotiation situations?

9. If so then how do you think they should be trained?

10. Would the outcomes be impacted by a need for probity and governance in Government Commercial Negotiation situations?

In the last part of Chapter 7 is a Summary of the Walker and Walker book; what are your thoughts regarding:

11. Do you agree with the authors?

12. Do you think that RBP is a good framework for Commercial Project Negotiation?

In conclusion to this week:

13. Do the ideas in Chapter 7 help in structuring your thoughts around Commercial Project Negotiation?

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

15. 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?

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Week 10 Topic: Contractual Arrangements in Commercial Projects.

Case Study for the Chunnel Project;

Australia National Audit Office (2012) Developing and Managing Contracts - Getting the right outcome, achieving value for money;

HB 140-2000 Administration manual for AS 4000-1997 General conditions of contract;

Kerzner (2013) Chapter 19 Contract Management;

Law handbook;

Wikipedia Australian Contract Law;

PMBOK (2013) Chapter 12 Project Procurement Management;

Procurement Rules

- Australian;

- Victorian;

- WA;

- NSW;

- QLD;

- USA.

Guardian News article 7th April 2004 Deep in debt.

10. Describe the operation of diverse and complex government and non-government project contractual arrangements relevant to a range of managed services, ICT, and build agreements.

The objective of this week’s topic is to make sure you have a broad understanding of commercial planning and commercial projects.

Try to ask yourself the questions that were posed in the 10th week’s lecture :-

1. What is the spectrum of Contractual Arrangements?

2. What are the legal conditions for a Contract?

3. What kind of contracts existed in the Channel Tunnel?

4. What was the impact of some of those Contracts?

5. What do others say about Contracts?

Australia National Audit Office (2012) try to explain:

6. What benefits flow from the formalisation of the contract process?

7. How hard is the process and what training is required?

HB 140-2000 try to explain:

8. Do organisations really implement this?

9. What kind of organisations?

Kerzner (2013) Chapter 19 Contract Management try to explain:

10. How important is the type of contract for governing contractor and buyer behaviours?

11. What is the relationship between the contract and ownership of risk?

Law handbook & Wikipedia Australian Contract Law try to explain:

12. What needs to be in place for a contract to exist?

13. Can any element be absent for the contract to be still valid?

PMBOK (2013) Chapter 12 Project Procurement Management try to explain:

14. How much interaction is there between the other knowledge areas and the procurement processes?

15. Might the interaction make the project fail?

Government Procurement Rules try to explain:

16. Are all of the processes the same?

17. For an organisation selling to government is it possible to standardise the sales, procurement, and response process?

In the Case Study for the Chunnel Project and the Guardian News article 7th April 2004 “Deep in debt” try to explain:-

18. By 2004 was the Chunnel a success?

In hindsight by 2004 would the project have been undertaken if the clock could be turned back?

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Week 11 Topic: Argument; Logic; Ethics.

The Internet Encyclopedia of Philosophy;

Emotional Intelligence;

QLD Government negotiation advice;

YouTube: Popular Videos – Negotiation;

11. Analyse common arguments using logic, persuasion and influence factors as commonly applied to conflicting and/or competing stakeholder agendas.

The objective of this week’s topic is to make sure you have an appreciation of the fundamentals of the philosophical basis and methods of negotiation.

Try to ask yourself the questions that were posed in the 3rd week’s lecture :-

1. What does the material in this week have to do with the Chunnel Project?

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

3. Does the art of negotiation have anything to do with the practice of commercial negotiation?

Regarding ‘argument’ try to explain:

4. Pragmatically is that all there is to arguments?

5. How important is an argument in negotiation?

6. Is it possible to have a negotiation without an argument?

7. Can arguments be formalised and ritualised?

8. What is the opposite of an argument? And is that useful in a negotiation context?

9. Does a project manager have to be good in arguments?

10. Does the project manager have to be good at arguments?

For ‘logic’ try to explain:

11. Is Aristotelian Logic the only logical form?

12. Is there a morality to negotiation?

13. Is the project management approach or methodology logical?

14. Does the project manager have to worry about this stuff?

Regarding ‘ethics’ explain:

15. Should project management negotiation be based on an ethical foundation?

16. What happens to a project manager that is unethical?

17. What happens to an organisation that supports a project that does unethical things?

18. Are there principles that we should follow?

19. How do we ensure that the principles are applied?

What is the role of ‘emotional intelligence’ in negotiation:

20. Does a project manager have to have a high EQ?

21. What happens if/when a project manager has a low EQ?

22. Is EI important to commercial negotiation?

Can you explain the QLD Government advice:

23. Is the QLD Government advice practical?

24. Surely the QLD Government advice will slow down the project?

What do you gather from the YouTube videos:

25. Is there a difference between human negotiation and commercial negotiation?

26. What role does governance have in negotiation?

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