Architect's Essentials of Negotiation, 2nd Edition

AWord from an Owner.

A Word from an Architect.

A Word from a Construction Lawyer.

1 Why You Want to Read This Book.

How to Use This Book.

2 Front-End Alignment.

The Study.

How to Use Front-End Alignment in Practice.

3 The Purpose of Contracts.

The Difference between Contracts and Torts.

How Liable Are You?

The Purpose of Design and Construction Contracts.

Managing Risk.

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

Negotiation: What Is It?

Why Architects Fear Negotiation.

Two Ways to Negotiate: Hard and Soft.

Another Way of Negotiating: Principled.

How to Negotiate on the Merits.

There You Have It: Principled Negotiation.

5 Preparation Tips.

Who Prepares More?

Negotiating Fees.

Fees as Grease: An Operational Theory.

Defining Your Value.

Making the Pie Bigger.

When “You’re Too Expensive”.

Ava’s Preparation Cheat Sheet.

6 The Communication Behaviors of Expert Negotiators.

The Three Classes of Communication Behaviors.

Whom Do You Trust? Who Trusts You?

What Expert Negotiators Don’t Do.

7 Collaboration and Team Building.

Types of Meetings.

How to Make Meetings Work.

8 How to Say Yes, How to Say No.

Ava’s Rules of Contract Interpretation.

Applying the Rules.

Putting the Rules to Work.

9 When the Best Laid Plans . . .

When a Rift Is Brewing: Recognizing Disputes.

When the Air Thickens: Handling Confrontations.

When a Change Is Looming: Managing Change.

When a Claim Is in the Offing: Managing Claims.

When a Lawsuit Is Pending: Negotiating Disputes.

10 Pulling It All Together.

One Final Story.

Appendix.

Building a Support System.

On Selecting Your Lawyer.

A Word to My Legal Colleagues.

If You Want to Learn More.

Final Thoughts.

Index.