Risk and Resilience
Unconscionable Conduct: When Bargaining Power Becomes Exploitation
How leaders should distinguish hard bargaining from exploitation of special disadvantage and design safeguards for vulnerable commercial decisions.
EraNorth Insights
Decision-grade thinking for complex work.
Professional knowledge and strategic perspectives across strategy, projects, operations, engineering, transformation and business performance.
7 articles found
Risk and Resilience
The Signed Contract Is Not Always the Whole Commercial Story
Why prior conversations, incorporated documents and actual payment behaviour can matter when the signed agreement does not tell the complete commercial story.
Risk and Resilience
Terms or Talk? Why Pre-Contract Statements Can Change Commercial Exposure
How leaders should distinguish contractual terms from pre-contract representations and govern commercial promises made before signature.
Program Governance
The Contract You Did Not Write: How Implied Terms Enter Commercial Relationships
Why written contracts may still be shaped by prior dealings, trade custom, commercial necessity and statute.
Program Governance
Performance Is a Two-Party System: Tender, Access and Prevention
Why contractual performance depends on cooperation, and how leaders should govern access, approvals and client-caused prevention of delivery.
Program Governance
A Standing Neutral Changes the Economics of Disputes
Why a dispute board that follows the project from commencement can reduce information loss, accelerate issue resolution and preserve relationships before disputes harden.
Leadership and Decision-Making
When Trust Becomes Leverage: Undue Influence and the Governance of Dependency
Why trusted relationships can distort independent judgement, and how leaders should govern transactions involving dependency, authority and personal influence.
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