Transcript Account Executive Dispute Prevention Training (Part 1)

Doing the Job Right
Conflict and Dispute Prevention for
YESCO Account Executives
Conflict and Dispute Prevention Themes and
Goals
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Business Transaction Fundamentals
Communication
Professionalism
The Contract
Managing Change
Documentation
Conflict and Dispute Prevention | Account Executive Training
Conflict and Dispute Prevention | Account Executive Training
SECTION 1
Business Transaction Fundamentals
SECTION 1 | Business Transaction Fundamentals
Business Transaction
Fundamentals
1. Price
2. Quality
3. Time
Conflict and Dispute Prevention | Account Executive Training
SECTION 2
Communication
SECTION 2 | Communication
What is
communication?
A two-way exchange of
information with a shared
understanding.
Conflict and Dispute Prevention | Account Executive Training
SECTION 2 | Communication
Conflict and Dispute Prevention | Account Executive Training
SECTION 2 | Communication
Conflict and Dispute Prevention | Account Executive Training
“95% of the customer
complaints I receive are a
result of poor
communication.”
SECTION 2 | Communication
- Mike Young
Conflict and Dispute Prevention | Account Executive Training
Questions on
Communication:
SECTION 2 | Communication
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Are sending emails and leaving voicemails a good form of
communication?
Is copying someone on an email considered communication?
Is emailing “Dear: Person A, Person B, Person C, Person D …
please respond” communication?
How do you know if you have successfully communicated
something?
Is it better to wait till you have all of the information before
communicating?
Conflict and Dispute Prevention | Account Executive Training
SECTION 3
Professionalism
SECTION 3 | Professionalism
Professionalism Fundamentals
1. Complete
2. Accurate
3. Timely
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Professionalism
Complete
1. All documents (contracts, permits, drawings,
etc.) in place, all blanks filled in.
2. All approvals in place and documented.
3. All customer info entered into systems.
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Professionalism
Accurate
1. Estimates are correct and clear.
2. Customer understands what is included
and what is not included.
3. The documents reference each other
properly; correct use of YESCO entity.
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Professionalism
Accurate - Continued
Necessary for intended result
Reasonably Inferable
YESCO
Proposal
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Professionalism
Timely
1. Coordination done on a real time basis.
2. Necessary applications for permits, licenses,
etc. done before commitments are made.
3. Updates are given regularly.
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Professionalism
Professionalism Simplified
1. Communicate what you are going to do.
2. Do it.
3. Communicate that you’ve done it.
IT’S THAT SIMPLE!!!
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Professionalism
Professionalism Case Study
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SECTION 3 | Professionalism
Professionalism Case Study
SECTION 4
The Contract
SECTION 4 | The Contract
Who is responsible for
the contract?
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | The Contract
Business Issues vs. Legal Issues
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | The Contract
Key documents
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Prime contract
Subcontract
General Conditions
Supplemental Conditions
Addenda and Change Orders
Purchase Orders
Request for Information (RFI)
• Drawings
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Materials
Dimensions
Configurations
Arrangements
Other…
• Specifications
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Written instructions
that detail project
requirements
Conflict and Dispute Prevention | Account Executive Training
SECTION 5
Managing Change
SECTION 5 | Managing Change
The Changes Clause
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Without a changes clause, a formal contract
amendment is required.
Most contracts include a changes clause, and we
must follow the procedure for changes in the
contract.
Conflict and Dispute Prevention | Account Executive Training
SECTION 5 | Managing Change
In general, you should not:
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Proceed with work that differs from requirements
stated in the contract documents.
Implement any change to any contract
requirements without first obtaining a properly
signed change order.
Conflict and Dispute Prevention | Account Executive Training
SECTION 5 | Managing Change
What Usually Requires a Change
Order?
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Any change to the scope of work, price, or other
material contract provision.
Especially, TIME, QUALITY, and PRICE.
Who is responsible to obtain a
Change Order?
Conflict and Dispute Prevention | Account Executive Training
SECTION 6
Documentation
SECTION 6 | Documentation
What is Documentation?
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A complete record of the project
All contract documents
Records of circumstances
Daily reports
Meeting minutes
Notes of site visits
Notes of telephone conversations
Daily logs
Diaries
ALL correspondence
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | Record Keeping
Why Documentation Is So Important
• Good documentation can…
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Identify issues
Resolve conflicts
Settle disputes
Avoid litigation
Provide tangible proof
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | Record Keeping
Good Documentation Practices
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Good documentation must be…
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Regular, accurate and complete
Include details (Who, What, Where, Why and How)
Be kept in real time (not after the fact)
Be objective
Be precise
Be quantitative
Be reviewed and refined at the time
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | Record Keeping
How to Document
• Documentation Tools
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Computers
Photographs
Video cameras
Audio recorders
Written reports
Daily logs
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | Record Keeping
What to Include
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Follow YESCO procedures
Everything that happens on the job site
Field directives from owner/general contractor
Work accomplished
Work of others you accomplished
Name names…
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I saw….
Janet told me she saw…
Conflict and Dispute Prevention | Account Executive Training
SECTION 4 | Record Keeping
What not to Include
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Opinions
Sarcasm or “inside” jokes
Profanity
Speculation
Assignment of fault
Advice
Just write down the facts, and nothing but the facts
Conflict and Dispute Prevention | Account Executive Training
Conflict and Dispute Prevention | Account Executive Training