Andrew stopped outside Jane's door and knocked on the doorframe. Her back to him, studying her screen, Jane must have somehow recognized Andrew's knock. "Andrew," she said without looking up. "One sec."
She half-stood, still holding the mouse and staring at the screen. Then she clicked, stood up straight, and turned to face him. "OK," she said. "Where to?"
"Courtyard," Andrew replied.
They walked silently to the elevator, rode it to One, crossed the lobby, went out into the brilliantly sunny courtyard, and sat down at an empty umbrella table. Jane still had her coffee mug in hand. She sipped.
"So…" she prompted him.
"This contract bothers me," Andrew began. "I'm a project manager. I don't know much about negotiating contracts. I'll probably do something dumb, but I'm not sure that's what bothers me."
Managing a project for which
you negotiated contracts
presents a conflict of interestAndrew wasn't sure, but Jane was. She'd been there. "Right," she began. "The real problem is that project managers shouldn't be negotiating contracts. It's a conflict of interest."
Jane's insight isn't widely shared, but she does raise a critical point. Project managers who must monitor day-to-day performance of contracts they personally negotiated have a potential conflict of interest. Here are some of the ways this conflict can appear.
- Vulnerability to time pressure
- Especially if negotiations drag on, the organization might apply pressure to the negotiator to bring negotiations to completion. For those project managers who are also the negotiators, this pressure can lead to a temptation to yield, based on a belief that we can "close the gap" through cleverness during project execution.
- When project manager and negotiator are separate people, the project manager can better represent the project's interests, insisting on what is actually required, and compelling more creative negotiation.
- Hidden cost transfers
- During negotiations, it's common to entice the vendor with the promise of work on future projects. But when the negotiator manages both the project at hand and the future project, this tactic amounts to a transfer of resources between the two projects. It distorts the costs of both, invalidating the metrics used to manage projects.
- When the negotiator and project managers are independent, each contract is more likely to stand on its own.
- Concealed contract flaws
- When there are flaws in the contract that become evident only during execution, and when the negotiator has gone on to become the project manager, it is the project manager who must report defects in the contract that he or she produced. It can be tempting to find a way to avoid reporting a flaw of one's own creation.
- When the negotiator and project manager are independent, contract flaws are more likely to be reported, and remedial action is possible.
Is your organization running at peak performance? If not, sometimes the design of its job descriptions could be the culprit? For some novel ideas for elevating performance in your organization, check out my tips book 52 Tips for Leaders of Project-Oriented Organizations.
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More articles on Ethics at Work:
- You Have to Promise Not to Tell a Soul
- You're at lunch with one of your buddies, who's obviously upset. You ask why. "You have to promise
not to tell a soul," is the response. You promise. And there the trouble begins.
- Budget Shenanigans: Swaps
- When projects run over budget, managers face a temptation to use creative accounting to address the
problem. The budget swap is one technique for making ends meet. It distorts organizational data, and
it's just plain unethical.
- Looking the Other Way
- Sometimes when we notice wrongdoing, and we aren't directly involved, we don't report it, and we don't
intervene. We look the other way. Typically, we do this to avoid the risks of making a report. But looking
the other way is also risky. What are the risks of looking the other way?
- Ethical Influence: I
- Influencing others can be difficult. Even more difficult is defining a set of approaches to influencing
that almost all of us consider ethical. Here's a framework that makes a good starting point.
- The Attributes of Political Opportunity: The Finer Points
- Opportunities come along even in tough times. But in tough times like these, it's especially important
to sniff out true opportunities and avoid high-risk adventures. Here are some of the finer points to
assist you in your detective work.
Forthcoming issues of Point Lookout
- Coming May 23: Narcissistic Behavior at Work: IX
- An arrogant demeanor is widely viewed as a hallmark of the narcissist. But truly narcissistic arrogance is off the charts. It's something beyond the merely annoying arrogance of a sometimes-obnoxious individual. What is narcissistic arrogance and how can we cope with it? Available here and by RSS on May 23.
- And on May 30: Chronic Peer Interrupters: I
- When making contributions to meeting discussions, we're sometimes interrupted. Often, the interruption is beneficial and saves time. But some people constantly interrupt their peers or near peers, disrespectfully, in a pattern that compromises meeting outcomes. How can we deal with chronic peer interrupters? Available here and by RSS on May 30.
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this program. Here's a date for this program:
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Illinois 62701: June 12,
Monthly Meeting, Central
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- Wyndham Springfield City Centre, 700 East Adams Street, Springfield, Illinois 62701: June 12, Monthly Meeting, Central Illinois Chapter of the Project Management Institute. Register now.
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development. Read more about this program. Here's
a date for this program:
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chapter of the International Institute of Business Analysis. Register now.
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