ASA Releases White Paper on Mastering Subcontract Negotiating Strategies

Subcontractors have a wide range of options available for overcoming unacceptable language in a prime contractor’s subcontract document. There is no single right way, because individual circumstances vary so much. Thus, it is important for a subcontractor to become adept at using the proven techniques available to deal most effectively with a prime contractor’s subcontract terms. The material contained ASA’s new white paper, Mastering Subcontract Negotiating Strategies, when used in conjunction with other information published by ASA, gives a subcontractor the guidance needed to negotiate terms in a professional way. From pre-award to post-award, the white paper suggests strategies that a subcontractor can use to persuade a prime contractor to adopt more neutral subcontract terms. In addition, the white paper demonstrates how a subcontractor can respond to typical prime contractor contentions during negotiations. Most prime contractors recognize the value of addressing problem areas before a job begins. In addition, responsible prime contractors concede that they are only as good as the subcontractors that they use on a project. Everyone benefits in the long run through agreements that foster cooperation instead of confrontation. Proficiency comes with practice. A subcontractor can develop a comfort level by building on successes in dealing with prime contractors. The white paper is available to ASA members as a downloadable PDF document under “Contracts and Project Management” in the Member Resources section of the ASA Web site.