Architect's Essentials of Negotiation

Architect's Essentials of Negotiation, 2nd Edition "Where do you turn if you are an architect or student wanting to deepen those skill sets that will make you a more successful professional? Well, taking a look at Ava Abramowitz's new book, "The Architect's Essentials of Negotiation" will be a step in the right direction." —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.

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