All of us involved in contracting have run into this – a counterparty’s attorney not knowing the business, product or even the law taking a position towards better knowing to gain easy wins or show off his position or to defend his fees.
Several examples points towards the conclusion that there is a need for a framework contract which is sufficiently flexible to allow the collaborative relationship to develop and adapt over time. The importance of a relational focus is also emphasised. From our experience and research we believe a formal management structure is also needed to co-ordinate all the business activities that are essential to the success of a joint/multi-party endeavour. We call this Enterprise Relationship Management.
Could not agree more – living relations live living relations. However, watch out for the ”partership offering” from a supplier. It is not neccessarily an offer of partnership but more to blur the defintion of seller and buyer.