Architect's Essentials of Negotiation, 2nd Edition
—Robert Greenstreet, Dean, University of Wisconsin at Milwaukee School of Architecture and Urban Planning
This is an essential guide for architects and their clients and consultants who need professional advice on negotiations, from design development to agreements and fees. Contractors will want to read it, too, especially if they are involved with Integrated Project Delivery. This new edition offers updated insights related to negotiation, with references to the AIA Contract Documents, communication, collaboration, and handling disputes, change, and claims.
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.
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.
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?
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.
Building a Support System.
On Selecting Your Lawyer.
A Word to My Legal Colleagues.
If You Want to Learn More.
Ava J. Abramowitz, Esq. Hon. AIA, lectures nationwide on negotiation, risk management, and assertive practice. She teaches negotiations at George Washington University Law School and Catholic University's School of Architecture and Planning, and serves as a mediator in the federal courts in Washington, D.C. Formerly AIA deputy general counsel, she is a senior fellow of the Design Futures Council and a founding fellow of the American College of Construction Lawyers. She is currently the public member of the National Council of Architectural Registration Boards.