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Architect's Essentials of Negotiation
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Table of Contents

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

About the Author

AVA J. ABRAMOWITZ, ESQ. HON. AIA, lectures nationwide on negotiation, risk management, and assertive practice. She teaches negotiations at George Washington University Law School and Catholic University's School of Architecture and Planning, and serves as a mediator in the federal courts in Washington, D.C. Formerly AIA deputy general counsel, she is a senior fellow of the Design Futures Council and a founding fellow of the American College of Construction Lawyers. She is currently the public member of the National Council of Architectural Registration Boards.

Reviews

?Supposedly architects don?t need negotiating skills along with other communication skills because great design ?sells itself?. How lovely that an AIA legal counsel created this definitive book to shatter that thin myth. I?ll assert that only a critically-positioned outsider to the profession could have written a book with this valuable slant. If you?re involved in any way in architectural education, be subversive and recommend this book as the first assigned reading for entering students. This is what the world ? of architecture and everything else ? needs now.? (Norman Weinstein, ArchNewsNow, June 5, 2009)

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