Jim's Articles

Today the number of regulations with which a business or even a homeowner must comply has reached an incalculable quantity. It is as if one were reading the Book of Leviticus and attempting to understand how one properly prepares for the Jewish Sabbath--times ten million. The regulators, bureaucrats and their contractors see it to be their sacred duty to write just one more regulation. This leaves us with an impossible task--how to comply with all the regulations and the new ones constantly being foisted upon us...

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Last week I gave you my definition of regulations: "Regulations are imposed by those who have artificially gained power on those who own assets." I would like to spend this column discussing those who have artificially gained power. There are three groups that come to mind when I think of those who have artificially gained power. They are environmental NGOs, lawyers and governments. Let's take these one at a time...

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This is environment/regulations month here at Paperitalo Publications. Issues surrounding the environment and regulations necessarily, unless you subscribe to conspiracy theories, involve the mitigation of risks. I'll tell a story on myself to set the stage....

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As we wrap up procurement month, I want to talk to you about performance-based contracts. These are very different from most other contracts. They can be complicated to write, but if awarded to a competent bidder, can bring guaranteed results...

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We talked last week about what is not in a contract and the premise that in the eyes of the law in most places, if money has exchanged hands you have a contract. This week I wanted to take a higher level look at what one might want to include in a contract. And, we'll further simplify it by focusing on a contract that is of the "time and material" variety...

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It is true that if you want something in a contract, you must put it in the contract. It is also true that there are things not in a contract that are implied. A basic principle in the laws in the United States at least is this: if you accept money to do a task, there is a contract. It may be a verbal contract, but it is indeed a contract. Unfortunately, such contracts, if they involve a substantial claim by one party against another, will be sorted out the expensive way--in court. Here's an example...

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It is procurement month at Paperitalo Publications. The mill-related troublesome issues that can be attributed to the purchasing department are myriad and legion. This is not to say that there are not great purchasing agents, but this is a focal point of interaction with outsiders. It can lead to grand levels of loss through misunderstanding, incompetence and fraud. I want to discuss two issues today, two issues that are critical even before one arrives at the content of purchasing documents...

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