Description
Solution
2.3 Risk of Increased Costs
As evidenced in Heravi and Mohammadian (2021) the cost overruns risk is as a consequence of prevalent of badly written conditions of contracts. Nevertheless, there are broadly prevalent circumstances which are integrated for prioritising on aspects which impact or potentially impacting a specific contract. In terms of costs, RCU terms and conditions note that;
Further, for RCU, they integrate Key Performance Indicators (KPIs) which are meant for ensuring that a clearly agreed pricing is used for the contracts. Often, this has contributed to challenges with the PS&M since they have remained hellbent on when these contracts could be altered. This inform the need for harnessing the awareness level of the contracts and how different occurrences could inform on the contract changes on costs. As evidence in Alebrahim vs BM Design London Ltd [2020] EWHC 3393 (TCC) case which involved a contract for refurbishment of a residential property, the contractor had increased the estimated costs initially (Creedy et al., 2010). The court of law noted that the employer can only pay for the trade price items and not any price which is not agreed upon. Further, in this case, the RCU terms and conditions note that,
Hence, there is no instances where the buyer/RCU can incur any further costs which were not initially stipulated in their contract….
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(Solution) CIPS ROSHN Commercial Negotiation Plan-PIN
- This was established after the post-negotiation review which brought out fundamental lessons about the supplier and our company’s negotiation pattern.
- As for certain important aspects, we indeed secured favourable financing conditions; yet, problems arose in attempting to synchronize delivery schedules since such conditions are affected by external supply chain factors.
- The supplier had the better BATNA and acted in a cooperative but very assertive way, and elaborated why the correct approach to negotiations is more equal.
- Further, the experience showed how flexible one has to be, how innovative, and how it pays to be more interested in long-term partnership rather than quick profit. Therefore, it will be useful in the future to improve the techniques of negotiation, improve the knowledge about the actions of suppliers, and improve intercompany and supplier cooperation.
- This will ensure that in future procurement negotiations; better outcomes are achieved.
- ROSHN should ensure that all negotiations within the next 6 months include specific metrics for delivery timelines, quality standards, and service levels, aiming for a 90% satisfaction rate in supplier compliance with these criteria. This approach will help secure more balanced and sustainable agreements.
- Over the next 12 months, ROSHN should develop a supplier relationship management program with bi-annual assessments to track and improve partnership quality. Target at least a 15% increase in supplier engagement scores by the end of the year to gain favorable bargaining positions during market downturns.
- Within 1 month of each major negotiation, conduct debriefing sessions to analyze performance, identify strengths, and address weaknesses. The goal is to improve negotiation effectiveness by at least 10% in the subsequent quarter through targeted adjustments based on these evaluations.
- Within the next 4 months, involve at least 80% of key stakeholders in sourcing strategy meetings to ensure alignment and gather input on critical decisions. This engagement aims to reduce misalignment issues by 20% within the year, resulting in smoother implementation of sourcing strategies.