What do you do if your contract negotiations in Building Design are met with conflict?

Ensuring clarity of expectations from both ends is crucial, especially when operating on a global scale where misunderstandings regarding required levels of development can arise easily. Rather than adopting an overly formal approach (with overly descriptive contract documents for example), it's often best to use soft skills to navigate potential conflicts. Initiate early meetings to discuss the process, verify deliverables well before deadlines with the stakeholders and plan for intermediate milestones (even just placeholders) to illustrate what each party will receive. This proactive approach allows all involved parties to respond promptly and effectively, and reduce risk for you and your company.

Agree timescales to a resolution. Is the resolution urgent and important, urgent but not important, important but not urgent, not urgent and not important. Setting timescales brings focus to everyone.

Keep in mind that all stakeholders share the same goal: project realization and process advancement. Conflicts may emerge, potentially hindering progress. It's beneficial to set aside personal sentiments and concentrate solely on straightforward inquiries: How can we proceed most effectively at this moment? Rather than dwelling on past mistakes or assigning blame, focus on navigating the present circumstances for optimal outcomes. A clear separation of roles in the team is also important: some people are responsible for leading the team and the design but identifying a different person responsible for discussing contract's and fee's related issues can help to avoid personal feelings in the discussion and make the proceedings easier.

How a conflict is handled often determines the outcome of the negotiation. Effective communication allows team members to: - Express their interests and expectations - Understand the other party's perspective - Find common ground - Foster a positive atmosphere - Promote collaboration - Build rapport and trust - Navigate emotional undercurrents

Soft skills and the principles of Non-violent Communication (NVC) play a critical role in all types of negotiations. During conflicts, it's easy to lose sight of the fact that all parties share the same interests. Focusing on the best way to move forward is always the optimal solution, rather than dwelling on past mistakes or misunderstandings. All businesses operate on similar foundational principles, making it easier to explain that, for instance, if additional work is necessary due to a changed situation, allocating more resources is essential to address it. This concept is universally understandable. Moreover, embracing compromise and fostering personal relationships can facilitate finding mutually beneficial agreements.

Several common practices prove exceptionally useful in minimizing conflicts and misunderstandings. For example documenting protocols or meeting minutes promptly after each meeting and sharing them, even if just as a bullet point list, highlighting the conclusions or agreements reached for everyone to check and confirm. This should be standard practice, even following simple phone calls, particularly on sensitive topics. Normalizing this approach throughout the project makes it feel more natural and establishes a written record of agreements, significantly reducing the potential for misunderstandings and grievances. Proactiveness remains paramount, seeking clarification well before deadlines loom.