Communication & Negotiation L1-2

Question 1

WHAT ARE THE BARRIERS TO EFFECTIVE COMMUNICATION?

Answer 1

• Monotone or unclear delivery of speech
• Over use of technical language, may not be understood by clients
• Emotional language
• International language barriers
• Disinterest and boredom
• Prejudice
• Bias
• Interruptions / distractions
• Bad call quality
• Background noise pollution
• Poorly maintained and adverse relationships

Question 1

WHAT FORMS OF COMMUNICATION ARE YOU AWARE OF?

Answer 1

• Verbal communication, in person / telephone
• Non-verbal communication, body language, gesture, appearance
• Written, email, letters
• Graphical, tables, charts
• Presentations
• Video conference

Question 2

PLEASE EXPLAIN YOUR APPROACH WHEN NEGOTIATING IN CHALLENGING CIRCUMSTANCES?

Answer 2

First instance - gain a detailed understanding of the situation and form an opinion.

Compile supporting evidence as substantiation to any claims.

Arrange a meeting with the client and project team to discuss negotiable and non-negotiable items.

SWOT analysis if necessary to assist.

During negotiations, aim to build a partnering approach, rather than adversarial one.

The project must be the winner, not the individuals.

Question 3

WHAT MAKES A SUCCESSFUL NEGOTIATION?

Answer 3

Preparation and supporting documentation.

Both parties present their case in a calm forum.

Identification of bargaining positions and politely making proposals.

Swift confirmation via email of what was agreed, actions required and by whom.

Confirmation of next steps to bring the negotiation to a close.

Question 4

WHAT ARE THE KEY STEPS WHEN PREPARING FOR A NEGOTIATION?

Answer 4

Key steps I have undertake include:

1. Claim notification - Where the heads of claim are notified to the parties involved, notifying claim items being sought and general brief prior to the meeting.
2. Internal research and preparation - Parties undertake research and planning with initial responses being issued. Concession items and non-negotiables are agreed within internal teams, planning strategy and roles allocated prior to the meeting.
3. Organisation of the meeting - Time and venue of the meeting, followed by the meeting itself.

Question 5

WHAT ARE HEADS OF CLAIM?

Answer 5

Heads of claim refers to the different types or categories of damage a party has sustained.

Common claims in construction are:
- Delays
- Changes
- Unforeseen circumstances
- Insufficient information
- Conflicts

Question 6

WHAT ARE POSSIBLE REASONS FOR CLAIMS?

Answer 6

• Loss and expense
• Extension of time
• Liquidated damages

The contract should set out what constitutes a claim, and how the claim is to be dealt with.

Question 7

WHAT ARE Q