Terms and Conditions for Payments

from Online Music Streaming Platforms

 

STUDENT PAPER

By Mathieu Sabadie

SKEMA Business School

Lille, France

 



ABSTRACT 

The problem we speak about is very important within the whole musical industry. In fact, payments from online platforms are to be one of the most important sources of revenues for artists. We should care about this issue because it could provoke discouragement of artists but also because, with the emergence of DIY (Do It Yourself) artists and the difference of money they earn, this situation could finish with the end of Major Labels.

Our problem is that payment terms and conditions are not equally dispatched between online platforms, Major Labels and Artists when we speak about benefits created by the online music market.

I have chosen to base my analysis on 3 particular contract frameworks to see, thanks to different tools, which framework could be the more efficient to provide more equity.

We easily see that the two frameworks from the CSI Documents are the most efficient to solve (not perfectly) our issue. From these two solutions, we should retain the Cost plus Fee one, because it is more flexible and precise than the other one.

Our answer could provide more equity, but also more flexibility in payments and terms, and a real adaptation to the music industry could save Major Labels by regulating the market better, and providing more equity.

Key words:  Music Streaming, Payments, Online Platforms, Youtube, Royalties, Spotify, Labels

INTRODUCTION

Among passion, the most important motivation for artists is to earn money. The fact is that the music industry has been radically changing during the past decade. Indeed, with the emergence of a highly connected world, big musical labels had to find a new way to attract people towards buying music while they now can have it for free thanks to illegal fire sharing. In fact, the sources of benefits were drastically cut by the end of the material disk: benefits for disks sales passed from 12.8 billion dollars to 5.4 billion dollars between 1999 and 2008[1] and Labels were not able to find radically new ways of making money. Due to this situation, a new actor came into play with the Apple Itunes Store in 2004: the downloading and streaming web platforms. The system they created was rules free because completely new. Labels and digital actors went into struggle to control this fast growing market, overcoming since 2015 the physical one[2].

If we go out this general vision and look more into details, we can see that even if web platforms are all losing money (174 million dollars for Youtube, 250 million dollars for Pandora between June 2016 and June 2017[3] ³), artists with label contracts payments are not as important as we can imagine in this area.

Nowadays, web platforms must pay advances to Major Labels to exploit their music catalogs. Major Labels next verse royalties to the Artist, based on the contract clause(s) related to this topic. The fact is that Major Labels redistribute only a few parts of it (17 $ per 1000 plays on free platforms for example).

Payments are formally formulated and decided within the artist’s contracts and must be documented to prevent stakeholders’ issues or misunderstandings. It is a mandatory to use element and must be agreed by all parts. Different payment frameworks are usually available, and I have decided to base my reflection in five different forms: AIA, CSI and Consensus Doc.

I will provide answers to the next questions:

  • What are the differences between the different Payment forms useful to improve artists’ retribution?
  • Which one would be the most efficient to enable artists’ royalties to be higher?
  • What are the potential risks, among artists’ benefits, not to use the relevant change orders form?

More

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Sabadie, M. (2018). Terms and Conditions for Payments from Online Music Streaming Platforms, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Sabadie-payments-from-online-music-streaming.pdf



About the Author


Mathieu Sabadie

Lille, France

 

 

Mathieu Sabadie is a Student and a Project Management Practitioner both in associative and in professional life. He has run events, projects and Programmes in further different sectors (Music, Arts, Logistics, Consulting). He has been Project Manager for the SKEMA Arts Week (event for 1500 participants) or Place, Beverage and Media Manager at Skip the Beat Festival (first edition of a House Music Festival in Lille for 1000 participants). He has also been a Project Manager for the three French Speaking curses of the Escola Europea de Short Sea Shipping in Barcelona and Junior Consultant for International Team Consulting, also in Barcelona. He is now working as a Freelance Consultant for various French SME and passing and MSc in Project and Programme Management / Business Development in SKEMA Business School in Lille, France and will be graduated on June of 2019. Throughout this Master he is involved in the organization of a TEDx Conference in SKEMA and has run a project in rural village development in Morocco. He is Agile PM Foundation and Green Project Management certified and currently passing the Prince 2 Foundation Certification. He also has some experiences in Recruitment, Sales, Business Development, Customer Service and Team Management. Mathieu can be contacted at [email protected].

 

[1] Ben Kilmer (2010). The Evolution Of The Music Industry The Effect Of Technology And Law On Strategic Management And Sustainability. SlideShare. Retrieved from https://www.slideshare.net/BenKilmer/theevolutionofthemusicindustrytheeffectoftechnologyandlawonstrategicmanagementandsustainabilitykilmer2010

[2] IFPI (2016) GMR 2016. IFPI.org. Retrieved from http://www.ifpi.org/downloads/GMR2016.pdf

[3] Daniel Sanchez (2017). What Streaming Music Services Pay (Updated for 2017). Digitalmusicnews.com. Retrieved from https://www.digitalmusicnews.com/2017/07/24/whatstreamingmusicservicespayupdatedfor2017/

 

Dwarves’ Forge or High Tech Manufacturer?

Bombardier’s Quality Crisis

 

STUDENT PAPER

By Fei Wang

SKEMA Business School

Paris, France

 



ABSTRACT

The objective of this paper is to resolve the quality control issues at Bombardier™ Inc., recipient of a $1.2 billion contract to manufacture 204 light rail vehicles (LRVs) for the Toronto Transit Commission (TTC). It has identified a major crisis in the municipal transportation system of Canada’s largest city, Toronto, which is also North America’s third largest city. In the ten years since the contract was awarded, Bombardier has missed every single delivery deadline many times over, threatening the operational network of the TTC. The author has referenced and researched news articles and opinion, as well as corporate financial and legal documentation and industry publications to arrive at the conclusions. It was discovered that Bombardier has few problems with timely LRV delivery from its European manufacturing plants, but many from the plants in Ontario, Canada and Mexico. In conclusion, it is recommended that the application of stringent Root Cause Analysis (RCA) methodology be implemented in all of Bombardier’s Transportation division.

Key words: Quality control, Just-in-time (JIT), Bombardier, Toronto, Toronto Transit Commission (TTC), Work breakdown structure (WBS), Pareto, Root Cause Analysis (RCA), define-measure-analyze-improve-control (DMAIC), Six Sigma (6σ), Supply Chain, quality pre-warning mechanism (QPWM),

INTRODUCTION

A Toronto Transit Commission (TTC) engineer characterized the assembly of vehicles in Thunder Bay as being “hand-built.” A factory worker characterized it more bluntly: “They take f–king hammers and they smash the steel into shape, like it’s a f–king dwarves’ forge.”

“Bombardier has been shut out of a $4-billion contract to supply subway cars to New York City because of past delivery delays.”

These statements dramatically demonstrate the quality management crisis facing Bombardier Inc., the largest producer of railcars in the world. In 2009, the TTC inked a contract with Bombardier for a $1.2 Cdn billion order for 204 new low floor “Flexity” light rail vehicles (LRVs) to replace the existing 30-year old dilapidated fleet. Since the commencement of the order, a host of contractual problems have significantly delayed production, so much so that Toronto Mayor John Tory called the repeated delays a “farce” in October 2017.

It was announced in the 1998 Bombardier Annual Report to Shareholders that …” The Six Sigma program will be a key contributor in our aim to reach our new five-year pre-tax target profit margin of 10%. After its successful introduction at Bombardier Aerospace in 1997, the Six Sigma quality and productivity improvement program is now being implemented company-wide.”

It has not worked.

In 2016 the TTC exercised a legal claim against Bombardier for $50 million. The proceeds of the lawsuit are to be used to repair existing surface transit vehicles as well as to commission buses to replace them, resulting in fewer buses for existing routes. The importance is that Toronto requires a reliable and efficient transit system NOW, not years down the road.

How can Bombardier improve quality control and supply chain management to ensure it meets its contractual agreements for future deliveries?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Wang, F. (2018). Dwarves’ Forge or High Tech Manufacturer? Bombardier’s Quality Crisis, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Wang-Fei-dwarves-forge-or-high-tech-manufacturer.pdf



About the Author


Fei Wang

Paris, France

 

 

 

Fei Wang is a MSc student in SKEMA Business School, Majoring in Project and Programme Management &Business Development, with nearly 10 years of working experience in business management and International construction projects. He has worked as a project manager assistant, administrator, financial assistant and international business manager in China Railway Design Corporation (CRDC) and “TSDI-APEC-EDON” railway engineering consortium consultancy in different international projects in North America, Russia, Kenya and Tanzania. He has both infrastructure engineering and project management education background and experience. He lives in Paris, France now and can be contacted at [email protected]

 

 

Problems of Bidding Process in China

 

STUDENT PAPER

By Peng Wang

SKEMA Business School

Paris, France

 



ABSTRACT

The bidding process is one of the most important processes in a project, it decides whether a group could have a chance to do a project or not. In such a vital process, there are companies making profits by using special method based on relationship. For this paper, the author interviews an employee to get the real data and analyze these data with the MADM method. The author points the deep reason behind the problems of bidding process. That is the relationship plays the key role in the bidding process. To reach a healthy BAU environment, the author gives suggestions to solve the problems in bidding process.

Key words:     Bidding process, relationship, technical parameter, IT, China, culture

INTRODUCTION

Problem Recognition

Bidding process is one of the most important processes in a project, it decides whether a group could have a chance to do a project or not. From the 21st century, Chinese market is becoming more attracting in the whole world. Based on the data from Ministry of Commerce of the PRC, from January to July 2017, there are 17695 foreign companies founded, and the actual foreign capital is used 72.14 billion dollars[1].Therefore, the basic research on Chinese bidding system is necessary in order to get the bid among several competitors. There are a lot of visible and invisible rules and conventions during the bidding process. By interviewing an employee in a Telecommunication/ Network company located in Harbin, North-east of China, second-line city, and seeing through the Chinese bidding laws and some bidding documents in the real business, this paper will provide a different view on Chinese bidding process, choosing IT field as an example, to show some process which does not write down in the Chinese bidding law.

Since there is no effective paper reflecting the system of ‘operating in shadow’, the author will carry on the analysis from an exclusive perspective; Chinese view. One process the author will discuss is that sometimes basing the special relationship between two parties in bidding process, the part of making the bid will communicate the specific parameter of their bid in order to let the only company they want to cooperate have the chance to win the bidding. So the deeper reason is well worth researching.

The purpose of this paper is to let those people who want to do business with Chinese companies know some hidden rules in the bidding documents. This might enable some readers to get higher competitive advantage in Chinese market. By looking through the backgrounds of all the bidding process with corruption, the author can find that there is a black-box operation between bidders, and there are communications between bidder and agency.  Also there is manipulation by employees in the bid management institution, as well as some leaders’ involvement.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Wang, P. (2018). Problems of Bidding Process in China, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Wang-problems-of-bidding-process-in-china-student-paper.pdf



About the Author


Peng Wang

Paris, France

 

 

 

Peng Wang is a MSc student in SKEMA Business school, major in Project Management & Business Development (PPMBD). He graduated from North-East Forestry University, China and holds a Bachelor’s degree in Electrical Information Engineering. He has experience in Customer Service. He has both project management and IT engineering background, and certificated by PRINCE2 and AGILE, as a project controller, project planner. He has potential to be a promising project manager. He lives in Paris, France now, and can be contacted at [email protected].

 

[1] Ministry of Commerce of PRC. (2017, September 1). 2017年1-7月The Statement of Attracting Investment from Foreign Companies Website of Ministry of Commerce of the PRC. Retrieved November 2017 from http://www.mofcom.gov.cn/article/tongjiziliao/v/201709/20170902640365.shtml

 

 

Research on the risks and opportunities

of international railway projects based on FIDIC-EPC contract

 

STUDENT PAPER

By Shangxin Yang

SKEMA Business School

Paris, France

 



ABSTRACT

The globalization encourages the rise of international construction project. The risk which can be positive or, in most case negative, is no doubt one of the most important parts to control in the project. This article is based on international railway projects under FIDIC-EPC contract, trying to explore the risk factors and the opportunity factors which are less considered in the project, using Multi-attribute decision-making (MADM) method to choose best solution for responding to risks or opportunities and finally give relevant recommendations.  This might help owners and contractors to understand and choose optimal risk response solutions to improve their risk management. It is concluded that there are five main risk factors: external, operational, project management, engineering and financial, and four main opportunity factors:  scope, technology, working process and external. The best risk response solution is to mitigate while the best opportunity response is to share. Focusing on risk prevention and projection, also exploring the opportunities and sharing them can lead to more competitive advantages in the project.

Key words: International railway projects; EPC; International contract; Risk analysis; Decision making

INTRODUCTION

Globalization and urbanization are becoming a trend in the world. The railway transport is booming following the city growth. Just in China 2017, the government has invested 100 billion euro on railway construction and about 30 billion euro on oversea railway construction [11]. International railway projects have both opportunities and risks. Generally, they use the FIDIC-EPC contract, on the condition of which risks balanced mechanism was changed. The owner pays a higher price at the same time the contractors are supposed to get a lot of extra additional risks, such as accidents, unforeseen difficulties and quality requirements [3].

It is well known that railway construction projects are always being a large-scale projects with high investment (For example, Shanghai metro line 2, construction cost is up to 10 million dollars per kilometer); taking a long time from construction to final operation phase will need 5-6 years in general and high risk. As a result, international railway projects face various risks which may diminish project profitability or even cause a project to fail. In 2004, a railway construction accident of Shanghai line 14 has caused hundreds injured and 150 million yuan lost, which was caused by the changed construction method with bad control of quality.

People began to study risk management after World War II [6]. In the 1950s, researchers undertook fundamental studies of risk management. Until now, In PMBOK (2000), it expands the risk management part from 4 aspects to 6 aspects [6]. It’s becoming more and more important so that lots of international researchers are focused on this subject. It is found that there is a strong relationship between the amount of risk management efforts undertaken in a project and the level of the project success [3].

This paper will focus on international railway projects in terms of EPC contract and go into the different aspects of risks including external risk, financial risk, project management risk, engineering risk and operational risk. We will answer two questions:

  • What are the main risk factors or opportunities that owners and design-builders must consider when selecting the railway project under EPC contract type? Because only when we fully understand the risk factors during the railway construction projects can we take effective measures to make sure the project is accomplished well.
  • Which risk response strategies are better in dealing with the risk and opportunities?

The findings will be able to help stakeholders make better decisions or considerations for controlling or reducing risks.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Yang, S. (2018). Research on the risks and opportunities of international railway projects based on FIDIC-EPC contract, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Yang-risks-opportunities-international-rail-projects-student-paper.pdf



About the Author


Shangxin Yang

Paris, France

 

 

 

Shangxin YANG specialized in transportation engineering at Tongji University, Shanghai, China.  She has double competences in industrial risk management (MS l’Ecole des Mines de Paris) and project management (SKEMA Business School). Internship experiences at RATP (Autonomous Operator of Parisian Transports) in learning from experience of railway accidents and establishing procedures accordingly. Also, she had internship experience in Valeo PowerTrain System Business Group on knowledge management. Shangxin can be contacted at [email protected]

 

The Complexity of Cancellation Clauses in Entertainment

 

STUDENT PAPER

By Soléne Paillart

SKEMA Business School

Paris, France

 



ABSTRACT

Cancellation clause defines the terms of a valid cancellation and protect all the work that already been done. Giving that definition, it will make sense that every contract have a cancellation clause well defined especially in the event sector where the event is uncertain until it starts. However, when comparing different types of contracts using a MADM matrix, we observed that many contracts do not protect well both parties in case of termination. Event planner should be really vigilant when using a contract’s termination clause.

Key words: Cancellation clause, Event, Music industry, Contract cancellation issue, Event planner, Performance contract.

INTRODUCTION

Event management is a fast growing industry that second only to construction, is probably one of the oldest and most mature applications of the project management processes, dating back to the early Greek and Egyptian civilizations. It includes meetings, seminars, conferences, weddings, festival, and charity. Even though it seems simple, planning an event require an important organization. Event management gathers a million industries.

Event sector is known to be an uncertain sector where you are sure that something will go wrong. Consequently, in that particular sector, contracts must determine clearly what to do in that case. The event is not sure until it is started. As that industry deals with uncertainty, the contract must provide certainty and protect both the client and the event planner from obstacles and it is the reason why a cancellation clause is always needed in the contract. Neither part of the contract wants a cancellation to happen because there is many factors and people involved but sometimes it has to be done.

In the event sector cancellation is something that happen often, but it’s repercussion are not anticipated well by either party when the procedure is launched. It can become an issue for both parts when things out of their knowledge happen, especially the impact of the procedure.

The aim of this article is to clarify this situation and compare real cases to theory. It is important to provide information to both parties to enable them to act in their best interests; give knowledge about what cancellation clause in the contract should contain; and the impact of cancellation.

This paper will help answer the question: Why Cancellation clauses in a contract are complex?  It will be analyzed in detail by answering the questions:

  • Why cancellation terms are essential in a contract?
  • Why cancellation clause is not used in daily contracts?
  • Why it is not a clause present in all contracts?
  • Why Entertainment needs the cancellation clause more than other sectors?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Paillart, S. (2018). The Complexity of Cancellation Clauses in Entertainment, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Paillart-complexity-of-cancellation-clauses-in-entertainment-student-paper.pdf



About the Author


Solène Paillart

Paris, France

 

 

Solène Paillart is an Msc student from SKEMA Business School. She is currently studying Project Programme Management & Business Development. Before that, she studied 4 years global management in the same business school. French native but raised in Poland, she grew up in a multicultural environment. It was thus only natural she decided to study abroad. She studied in Fundação dom cabral in Brazil, and in North Carolina State University in the USA.  She has experience in event project management for being responsible of the event section of two associations from her university: the moviemaker organization and the humanitarian organization. As a project manager student, she recently obtained PRINCE 2 and Agile PM certifications.

 

 

 

 

How to obtain the best professional contract as a PMO

 

STUDENT PAPER

By Roy Mikhael

SKEMA Business School

Lille, France

 



ABSTRACT

This paper has been prepared for the course entitled “Worldwide Project Contract”, for the Master of Science “Program and Project Management and Business Development” of Skema Business School. The purpose of this paper is to ensure how we can get the best professional contract and how to avoid the major problems related to payment and change orders. Also, we will be mentioning the relationship between payment and change order and how they affect the scope and how they affect both parties of the contract.

Also, the analysis of this paper provides us with the best alternative for facing change orders. Thoroughly review the contract to alleviate risk and for the payment; the best one was payment bonds.

Key words: Change order, Payment, Owner, Stakeholder, Contract, Contractor, Project, Compensation, Repayment

INTRODUCTION

Working without an agreement is simply requesting inconvenience. Without a legitimately restricting contract, a customer can ask for your administrations and after that not pay for all your chance and diligent work. Yet, did you realize that an agreement can likewise be utilized to ensure your solicitations are paid on time?

A contract will help layout the consent to finish work between a merchant and a customer. It permits both the seller and the customer to get in agreement when choosing the extent of work, installment rates, installment terms, due dates, and so forth. This will ideally keep any question down the line and guarantee the two gatherings comprehend expectations and task terms.

Another critical part of an agreement is deciding precisely how you’ll get paid. When the two gatherings know about how and when an installment is normal, it keeps a postponement in installment. Moreover, it enables all charging data to be all together from the beginning, and this can be utilized to set up repeating charging in bookkeeping programming, which will spare you time and guarantee your solicitations are sent when required. Proficient solicitations are the initial step to getting paid.

What happens when a customer hasn’t paid the receipt by the settled upon date? An agreement helps settle this issue and spurs speedier installments since it will portray and authorize any late expenses the customer will bring about (for instance, a 2% intrigue charge for every month after the installment due date). Other than late charges, conceding to non-installment terms could mean you quit working for the customer until the point that the receipt is forked over the required funds.

Also, another important factor that both parties should take into consideration is the change order. In the construction industry, Change Orders represent between 5% and 10% of the total value of the Project. With time, there are billions of dollar squandered, in light of poor change order administration. Change Orders are unavoidable. A Change Order will affect the task in term of costs, time, efficiency et cetera. Thus, managing those progressions is one of the greatest difficulties a Project, alongside the Owner and Contractor, may confront.

A change Order is a formal and solid request that a proprietor proposes to the contractual worker with a specific end goal to roll out an improvement or to erase something in the extension, process, or any piece of an undertaking.

In a venture, contracts can be changed as the due date tags along, and this is when things may get dubious. Some change orders influence the expenses to build, give additional work, and don’t enable more opportunity for the contractual worker to complete the additional measure of work.

The paper will provide answers to the following questions later in my paper covering:

  • What differences exist among the different Change order and payment forms?
  • Which one would be the most efficient for the Contractor?
  • Which one would be the most suited to the Owner?

Understanding the significance of those structures, and the need of them being painstakingly composed, and very much perused is a key achievement factor of one’s task.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Mikael, R. (2018). How to obtain the best professional contract as a PMO, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Mikhael-how-to-obtain-the-best-professional-contracts-as-pmo.pdf



About the Author


Roy Mikhael

Lille, France

 

 

 

Roy Mikhael is currently a Master of Science in Project Program Management and Business Development Candidate at SKEMA Business School, Lille Campus, based in France for the academic year 2017-2018. As part of a key module “The International Contracts” qualification requirement under the direct supervision of Professor, Paul D Giammalvo, the Course Director and the Professor Paul Gardiner, the Program Director, this student paper has been produced with the purpose of getting it published in the PM World Journal. He hails from KAFARAAKA in north Lebanon, famous globally for its rich crop cultivation of Olive and producing Olive Oil.

Previously, he has served as Project manager assistant in TechShop and business developer for 8 month in the same company. Also, served as Project manager assistant in D.G. Jones & Partners Middle East Limited SAL Lebanon for the LAU Project (multimillion dollar project >10M $). He has completed his graduation in Business Management with honours from American University of Culture and Education, North Lebanon during the year 2015. He is a certified AgilePM® Professional and GPM (Green Project Management) practitioner. Contact him on: [email protected] or [email protected] and on https://www.linkedin.com/in/roymikhael/

 

 

Shariah and Western Banking Compared

A Contractual Assessment

 

STUDENT PAPER

By Sarah Bennani Kemmoun

SKEMA Business School

Paris, France

 



Abstract

This paper explains and analyses the main differences between western and Islamic banking in terms of revenue stream generation, risk, approach and ethics. The financial crisis in 2008 disturbed the western banking as households and organizations are seeking for alternatives. This paper will try to answer all the possible questions in order to help choosing a financial institution over another.

To do so, we compared the steps of both methods based on experts’ speeches, official bank services and MADM (Multi-Attributes decision making) tool to assess the risk from the customer perspective.

The results showed that in terms of risks the Islamic banking is more keen to assist customers in their financial decisions and choices as both parties hold a partnership as opposed to the western banking which is more of a borrower/lender relationship. Therefore, in case of absence of payments both parties are put in risk while for the western banking all the risk is transferred to the customer regardless of the level of difficulty he might be in.

Even though the Islamic banking is the risky for customers it has still some work to do to gain in credibility and affirm itself in the market. With 1% of the global financial activities, Islamic banking is still weak when compared to the western banking that has been around for centuries.

Key words: Islamic banking, western banking, Shariah law, Haram- halal, Interests based activity, ethics

Introduction

After the 2008 financial crisis, the world of finance has been disturbed as the conventional banking, that has been around for centuries, has shown some weaknesses. This left room for another type of financial structure which is referred to as Islamic banking. In fact, it offers customers a new way of seeking financial help.

The western and Islamic banking both have fundamental similarities and differences with a common objective which is to provide a financial solution to households, small ecosystems, but also organizations, large ecosystems.

The core DNA of Islamic banking is related to the Shariah law that prohibits paying interests, called Riba in Arabic, and also prohibits getting involved with organizations that deal with sinful or haram products and activities such as pork or pornography. Western and Islamic banks structure their financial products differently as, unlike Islamic banking, western finances don’t filter the industries they provide help to. In fact, as long as there is a profitability with an assurance that the other party will pay the settlements, there is no reason to reject the financial help request.

This paper has been undertaken to identify the core differences and similarities of both banking systems regarding a home ownership plan.  In fact, it will explain the different attitudes towards risks, the responsibilities of both parties when there is a failure to payments and also it will identify the revenue stream of both financial systems in order to highlight their differences and similarities.

In addition, this paper will also provide clarifications regarding the offers each institution has for large organizations that need finance for entrepreneurial investments. In fact, it will explain the relationship both parties have, how it is implemented and when does it end. It will also clarify the procedures and explain how they are different from one type of banking to the other.

Finally, ethics and cultural influences will also be discussed in order to show how both financial systems have evolved within the same environment and how they have affected each other.

The mission of this paper is to provide the reader with a clear idea of the methodologies and procedures undertaken by each banking types, highlighting their main differences and similarities. It will provide sufficient information to enable the reader to identify its banking interests and conveniences.

This will result in a clear idea of the objectives and targets of the western and Islamic banking insisting on their ethics and success factors.

To summarize, this research paper has been undertaken to answer the following questions:

  1. How do Western and Islamic banking differ?
  2. What is the ethic behind each banking type?
  3. How are both types of contracts legally represented?

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Kemmoun, S. B. (2018). Shariah and Western Banking Compared: A Contractual Assessment, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Kemmoun-shariah-and-western-banking-compared.pdf



About the Author 


Sarah Bennani Kemmoun

Paris, France

 

 


Sarah Bennani Kemmoun
is a Master’s degree student in Project management and Business development at Skema Business school, Paris, France. She spent four years in London, United Kingdom where she graduated with honours with a BSc Management. London city shaped her personality and mind-set which made her a strong, goal-focused and ambitious woman. Her social skills have enabled her to open to other cultures, environments and people in general which has helped her broaden her horizon and made her a more considerate and respectful person.

Moreover, her internships in the consultancy industry and the manufacturing sector have highlighted her organisation skills, multi-tasking capabilities, strong adaptability to any type of situation or context, her analysis skills as well as her evaluation abilities.

 

 

Anti-Money Laundering Contract Clauses in Financial Institutions

A Comparison between the Philippines and the United States

 

STUDENT PAPER

By Kimberly Mae Escalera

SKEMA Business School

Paris, France

 



Abstract

Money laundering is a major case worldwide and different countries are finding ways to combat this serious issue of washing dirty money. The Philippines is confronted with a major money laundering case in 2016 and the purpose of this research is to compare the anti-money laundering contract clauses of financial institutions in the Philippines and United States as to formulate recommendations to strengthen the Anti-Money Laundering Act. Comparison of the anti-money laundering clauses are done using multi-attribute decision making analysis with non-compensatory and compensatory methods. Anti-money laundering contract clauses in financial institutions in the United States present greater scope and provisions to fight money laundering. It includes a detailed suspicious account reporting and relaxed bank secrecy act. Hence, a recommendation was formulated for the anti-money laundering act of the Philippines which is to add covered institutions, lower threshold for covered transactions, and clearer and stronger enforcement of sanctions.

Key Words: Covered Institutions, Covered Transactions, Unlawful activities and Fraudulent Practices, Consequence and Prevention Programs

Introduction

A huge anti-money laundering case in 2016 almost put the banking system of the Philippines in jeopardy when 81 million dollars was stolen from the Bangladesh bank account in the US Federal Reserve Bank in New York and was transferred to Rizal Commercial Banking Corporation (RCBC), a local bank in the Philippines. The stolen money was later on transferred to casinos and junket operators. This situation led to questions how the financial institutions in the Philippines play part in upholding the Anti-Money Laundering Act which is a major issue worldwide.

Money laundering is defined to be as the method of “washing” the money from illegal means as to appear it to be a clean money which can be through depositing in banks or using other institutions/businesses to circulate the dirty money. Anti-Money Laundering Act was created to combat this way of generating income from illegal means. Prevention of money laundering is a major responsibility of financial Institutions as it is generally the means to launder money from crimes. Anti-money laundering is included in many financial institutions’ contract clause to support the Anti-Money Laundering Act and there are certain consequences for both parties who fail to uphold the said act.

Figure 1: Process of Money Laundering retrieved from http://www.onestopbrokers.com/2015/01/12/stages-money-laundering/

This paper will analyse the contractual clauses of anti-money laundering in different financial institutions in the Philippines and compare it to the United States as the United States is one of the major countries who suffered from money laundering cases and made significant advances to combat this. The United States was once confronted by numerous cases of money laundering. According to statistics, for every year, there is $ 500 to trillion of dollars that are laundered money generated through financial institutions which is half of this laundered money is carried out in the United States. In response to the 2001 terrorist attacks in US, the country strengthens its measures to fight money laundering and terrorist financing. Moreover, the Federal Reserve Bank of New York is a major central bank where most bank accounts worldwide are kept.

From this analysis, a recommendation for the anti-money laundering contract clauses in the Philippine financial institutions will be formulated as to strengthen and create new programs to strengthen the Anti-Money Laundering (AML) Act.

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Escalera, K. M. (2018). Anti-Money Laundering Contract Clauses in Financial Institutions: A Comparison between the Philippines and the United States, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Escalera-anti-money-laundering-comparison.pdf



About the Author



Kimberly Mae Escalera

Philippines

 

 

 

 

Kimberly Mae Escalera is a graduate student at SKEMA Business School in Paris specializing in Project and Programme Management and Business Development, originally from the Philippines. She graduated from University of the Philippines Diliman and was an exchange student at Seoul National University. She is a former bank officer in one of the leading banks in the Philippines and the oldest bank in Southeast Asia. She can be contacted at [email protected] or https://www.linkedin.com/in/kimberlyescalera/

 

 

Change Management Systems in Construction Projects

Ensuring an Efficient Delivery System

 

STUDENT PAPER

By Edozie Victor Chukwuma

SKEMA Business School

Lille, France

 



ABSTRACT

With the high level of uncertainties associated with construction projects, it is natural to seek out underlying factors, all of which point in the same direction – project change. However, projects are executed by people, likewise systems are created by people. Change is a widely used operational and project-based term in the construction industry that spells scope increment or reduction, organizational restructure, a thin line between agreement and disagreement or a phrase – change order. All project and scope changes have systems designed to facilitate such orders. The term ‘order’ is used as change is due to a succession of events. But, more important are the people making decisions. In this paper I developed three alternative that could help solve the problem of how to ensure efficient delivery of project change using change management system by people in construction projects. These alternatives are to help owners, contractors and/or stakeholders within any construction project to better respect, communicate and make decisions towards project changes. Using a Multi-Attribute Decision Making analysis, I compared the various outcomes of these alternative and selected the better of the three alternatives. This paper recommends two of three proposed alternatives, with one better and both viable. The best alternative is that Owners. Contractors and/or stakeholders must unanimously establish and agree on an appropriate change management system, process and procedures to be adopted throughout the project duration. To conclude, the result of this analysis is only theoretical and needs to be tested in the real field to be really approved. In this way, this result could represent a good advice to follow in delivering project changes. Also, the least desirable alternative is viable and would greatly support in effectively managing project changes

Key words: Change management system, Communication, Contract Agreement, change management process people management and project change.

INTRODUCTION

It’s important to state that change management systems do not implement change, people make and manage changes. Considering the above statement, it is safe to say that change management systems are used to facilitate changes in projects, organisation or any endeavour with high risk and uncertainties such as the construction industry. This can be put into proper context when preparing an international or local contract involving bring people of different cultural background to work on a new construction project.

By embracing differences on such project, people from various cultural background and ideologies are made to come together. This could/is the typical case of most international constructions project hence a need for proper people management is interwoven in contract statement between owners, contractors, architect/ engineer and any third party involved in project. Managing diversity on projects could pose a challenge but this can be reduced using a properly crafted contract document.

The construction industry is known to be project-based, and this helps manage various phases (such as planning, cost estimation, contract bidding) in construction projects. Decision-making is an integral part of construction projects, inclusive of change management decisions. Ensuring proper link and communication amongst all project participants when a change order is raised is most expedient as well as proper statement of condition/ situation surrounding a change directive. In construction projects, producing desired outcomes or solving design issues could give rise to change usually in form of a proposal. Indeed, change is considered as a modification to an agreement between project participant. Likewise change management is a systematic management practice that resolves or minimizes incumbent occurrences that disrupt project processes. It is safe to that these systematic management practices would include proper, clear and documented agreements between participants involved in construction projects

Ensuring proper, clear and documented agreements is people management in the form of a signed and documented contract documents. This agreement should contain certain agreed conditions that help management communication issues, decision making, addresses diversity and fosters oneness for the duration of the project. This helps efficient delivery of established change management systems and effectiveness of all project participants.

More…

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Chukwuma, E. V. (2018). Change Management Systems in Construction Projects: Ensuring an Efficient Delivery System, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Chukwuma-change-management-systems-in-construction-projects-student-paper.pdf



About the Author


Edozie Chukwuma

Lille, France

 

 

 

Edozie Chukwuma is an MSc Student of SKEMA Business School, major in Project and Programme Management and Business Development (PPMBD). He’s aspires to make project management strides in IT, Health Care and Business Development. He graduated from Covenant University, Nigeria and holds a Bachelor of Science Degree in Industrial Chemistry. He lives in Lille, France now, and can be contacted at [email protected]

 

 

Professional and consulting services for project manager

 

STUDENT PAPER

By Simon Bryard

SKEMA Business School

Lille, France

 



ABSTRACT

In this paper we will focus on the different forms of contracts related to professional and consulting services.

When it comes to call out a professional service (which can be suppliers, contractors, consultant or consulting company …) a project manager faces several different types of contracts and must choose the one who fits the best to his need in order to handle the risk.  This paper aims to guide him towards the best option.

We choose, in a first way, to base our analysis on 4 different types of contracts to see which one is the best according to the question: what are the project manager needs? We will quickly see that we can remove one contract from our analysis which is the open-end agreement and we will focus on the standard services agreements and on the standard consultancy agreements.

Finally, we will conclude on the fact that project managers should use services agreements to work with contractors and consultancy agreements to work with consulting companies and explain to him what are the key clauses each contract should include and why.

Key words:  contracts – professional services – service agreement – consultancy agreement – consultant – consulting company – project manager

INTRODUCTION

The consulting French market, namely pushed by the digitalizing of big firms and the increasing importance of data, has grown by more of 10% in 2017 and has created around 3500 jobs in 2016.

A consultancy mission aims to a deep analysis of a problem or a project for the consultant to give recommendation to clients to help him to fulfill this project. Indeed, there are some situations when a project manager needs technical advices to make his business grow, for example with his data analysis or his human resources strategies, but hire a new employee is too troublesome so professional services can be the solution.

A professional service is an intangible product that a contractor sells to help a client to have a better management on a specific part of his business. It provided technical knowledge about niche areas of interest. Nonetheless, we can differentiate a contractor and consultancy services as a consultant evaluate a client’s need and provide expert analysis in answer to a problematic and a contract evaluate the client’s need and perform the works. In this paper we will focus on professional services linked to contractor and consultancy services, on contracts involving contractors and consulting company (which exclude freelance consultant) and clients.

With professional services contracts, it is crucial to cover a certain number of terms to facilitate the relationship with the clients all along the project.  As this type of mission/service is very important and can be costly for the client, one consultant or consulting company is engaging his responsibility, then it is mandatory to define the good type of contracts between clients and consultants or consulting companies and the involvement of each parts. With professional services contracts, it is crucial to cover a certain number of terms to facilitate the relationship with the clients all along the project.

This paper will attempt to uncover and develop the following questions:

  • What are the different types of professional services contracts?
  • What are the key points they should include?

Step 1 Those aspects will be helpful to understand the different ways for consulting company to deliver professional services through different types of contracts, to understand what involve each types of contracts and analyses the several options for project manager regarding professional services.

More…

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: Bryard, S. (2018). Professional and consulting services for project manager, PM World Journal, Volume VII, Issue VI – June. Available online at https://pmworldjournal.net/wp-content/uploads/2018/06/pmwj71-Jun2018-Bryard-professional-and-consulting-agreements-for-project-manager.pdf



About the Author


Simon Bryard

Lille, France

 

 

 

 

Simon Bryard is a student in Project Management and Business Development Master of Science at Skema Business School in France. After a graduation and two years of economical preparatory classes in Dijon, he started his studies in Lille but did his first year of masters study in Raleigh, North Carolina.  He’s currently finishing his studies in Lille and Belo Horizonte, Brazil for his last Master of Science Semester. He has a few experiences in Business Development and Project Management as he did a 6-month internship as a business developer for FACELIFT, a Fintech in Paris, and a 6-month internship as a Real estate project manager for AMARIS Vietnam, a global consulting company that namely operate in Vietnam. He intends to do his end of study internship as a Junior Sales in a consulting company or in a SSII as Junior Sales and then as Sales Manager.

He did this paper under the authority of Professor Paul Giammalvo in the framework of the class ‘International projects for contracts ‘. He namely had the idea on working on contracts between project manager and consultants in consulting company after working as a real estate manager in consulting company: he was in charge of setting up a new office in Lille for the French director of his company; when establishing the layout of the office the director told him “I want a separate office between consultants and sales peoples so that the consultant can’t see the contract between sales manager and clients “. He decides to investigate on that topic to clearly understand the issue of the director regarding this issue.

 

 

How Instagram’s Terms and Conditions violates French law

 

STUDENT PAPER

By Guillaume Belisle Fabre

SKEMA Business School

Paris, France

 



ABSTRACT

Terms and Condition are the only formal contract that links all user of a social network such as Instagram. This contract – which is based on the company headquarter’s state law – is the same for every user no matter the laws of the user’s country and dictates how a dispute can be resolved. As a French citizen, it looks really hard to solve a dispute with Instagram regarding its Terms and Conditions. The dispute resolution process described offers solutions that would force a French citizen to come to California in order to have a dispute resolved. As it is opposed to the 6Th article of the European Convention of Human Right, the binding dispute solution of Instagram can be recognized as “unfair” and the case can be judged in France. This solution can take years as some Facebook users experienced and this way Instagram is reducing the number of claims coming from outside the USA.

Key words: Conflict, Dispute, Social Network, Claim, Resolution, International Dispute Resolution, Terms and conditions, French law

INTRODUCTION

Driven by globalization, social networks are changing how society behaves at an outstanding pace around the world. Facebook, Twitter, Snapchat or Instagram represent several billion users around the world allowing them to interact easily and instantly. The only formal link between these billions of users is the Terms and Conditions of use they all agreed to access their functionalities. This contract – which is based on company’s headquarters state law – is the same for every user no matter the laws of its country and dictate how a dispute can be solve. While Terms and Conditions (T&C’s) rule the usage of all of our social network, only 9,6% of people read the T&C’s when the opening is optional according to a recent survey (2016) conducted by European Commission.

Therefore, with its 800 million users (75% are non-American) and the optional opening of its T&C’s, Instagram easily imposes rules to its users. As of January 2013, the last version of Instagram’s T&C’s was updated: one of the most significant provision added was an arbitration clause in bolded and capitalized text saying that every dispute between the company and a user has to be resolved with a binding arbitration.

As these T&C’s are based under American rule, it makes really hard for a non-American to solve a dispute. Therefore, more than 600 million Instagram users are concerned with binding dispute resolution but only a few of them actually read this (9,6%).

Problem statement: For the purpose of this research we will answer to these questions on the basis of French users:

  1. To which jurisdiction a French user is subjected when using Instagram which is based in California?
  2. Can a French user solve a dispute against Instagram?
  3. What are its options?

METHODOLOGY

In order to answers these questions, we will first analyse the T&C’s of Instagram and describe their dispute resolution process. We will also take a look at how French law rules the use of such a service by taking the example of a trial between a French user and Facebook which had to change its T&C’s recently.

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:
Belisle-Fabre, G. (2018). How Instagram’s Terms and Conditions violates French law, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Belisle-Fabre-instragrams-terms-conditions-violate-french-law-student-paper.pdf



About the Author


Guillaume Belisle Fabre

Paris, France

 


Guillaume Belisle Fabre
is an MSc student in SKEMA Business School, Paris, France, majoring in Project and Programme Management & Business Development (PPMBD). He graduated from the Bayonne University in France and holds a Bachelor’s degree in International Business. In 2015, he worked for KPMG as a Junior auditor in Paris. In the same year he helps foodora, a German start-up to develop in Bordeaux, France. He has both project management and business development background. He lives in Paris, and can be contacted at [email protected].

 

 

Building Information Modelling’s impact

on claims in construction projects

 

STUDENT PAPER

by Maxime Béquin

SKEMA Business School

Lille, France

 



ABSTRACT

With the growth of complex and large projects, claims are a subject more and more discussed in the construction sector. Building information modelling (BIM) is also getting more and more attention since professionals are wondering what are the impacts of such a method on construction projects.

More precisely, we will try to find out in this paper the impact of BIM on claims. To do so, we compared different alternatives based on well-defined attributes in order to assess which one fit the best to the question at hand.

The 5th dimension of BIM which is related both to planning and cost proved to be impacting both on the occurrence and on the support of claims. However, such impact can only be reached by following best practice. That is the reason why organisations should adopt BIM step by step and use it adequately in order to benefits for its many advantages.

Key words: BIM, Construction, Delays, Claims, Project.

INTRODUCTION

A project is a temporary endeavour undertaken to create a unique product, service or result[1]. Such result cannot be reached exactly as planned which means that change is an ineluctable consequence to any construction project. Any form of change will lead to a relatively strong negative financial impact for one or the other partie involved. As a result, a partie is entitled to claim a financial compensation; that is the reason why claims are quite likely to occur, and more particularly in complex projects.

As construction projects are getting more complex, the number of claims occurring in such projects is getting even higher. Many different ways to prevent such claims from arising are already being used in all kind of projects; we can find tools such as the work breakdown structure (WBS) which gives a better management control by providing pieces of information over the budget, the planning and the scope of a project. However, since no methods have been proven to eradicate claims in a project, researchers are still looking for a solution to this matter.          

BIM is the process of creating and developing virtual design and construction illustrating the whole project’s life cycle.[2] The difference between BIM and any other project management tool is that BIM solves the scheduling problem. As we know, before issuing a claim for time delay, the party must undertake a delay analysis; since BIM links directly the construction modelling with the construction planning while having a collaborative nature, we can easily assume that it may either reduce the number of claims in a project or be used to support such claims. However, the collaborative nature may also be one of BIM limits or at least its constraints. Indeed, in several organisation, best practices are not always followed and it is unlikely that such organisations will act differently while using BIM. As a result site records might not be kept properly and thus the BIM advantages might inevitably be lost.

Therefore we will try to find out in this paper the effect of BIM on the occurrence of claims and we will also focus our study on how BIM can be used to resolve a common problem in this environment. In other words, we will try to understand to what extent BIM may impact claims and thus disputes in construction projects.

            Step 1 – Objective statement

The author in this paper is going to try to answer the following questions:

  1. What are the impacts of building information modelling on claims in construction projects?
  2. What are the limits of building information modelling?

More…

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:

Béquin, M. (2018). Building Information Modelling’s impact on claims in construction projects, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Bequin-bim-impact-on-claims-in-construction-projects-student-paper.pdf

 



About the Author


Maxime Béquin

Lille, France

 


Maxime Béquin
is a student in 5th year at ITEEM a school of engineers, managers, contractors.  Soon graduated from an « Entreprise architecture » master at Central Lille and a master of « Project and Programme Management and Business Development » at the Skema Business School. Versatile, self-motivated and adaptable student in the fields of engineering and management with 10 years of international experience, including in China, North Africa and Central America. Provided with strong interpersonal skills, an ease to communicate and values such as reliability, productivity and social intelligence.

Having moved many times in France and abroad, he spent 7 years in France before moving to Tunisia for 7 years. Then, he moved to Shanghai for 4 years where he graduated from high school. Finally, He came back to France in order to follow an engineering and business formation. During his studies he was also competing as a professional in horse riding; Maxime was ranked first of Tunisia and won multiples international competitions in Shanghai.

In the school framework he did several internships.  He worked in Panama for 8 months in the legal sector where he was in charge of contractual communication with clients and subcontractors resolving conflicts up to 1 million dollars; he also participated in contract negotiations and in the study of claims. He also worked as a seller in Boulanger which is a  French brand in the multimedia sector; he was ranked in the top 10 of best sellers on a national level.

 

[1] Project Management Institute. (2017). What is a project. In A guide to the project management body of knowledge (PMBOK guide) Sixth edition: Agile practice guide (6th ed.).

[2] AlFadha, A. (2014, November). Can multidimensional WBS be the solution for IT project issues?. Retrieved from https://pmworldjournal.net/wp-content/uploads/2014/11/pmwj28-nov2014-AlFadha-multidimensional-wbs-Featured-Paper2.pdf

Managing Payments to Optimize Successful Management

of Sponsored Public Events

 

STUDENT PAPER

By Pierre Levaslot

SKEMA Business School

Lille, France

 



ABSTRACT

Organizing an event is an extremely complex task: in 2017, “Event coordinator” was ranked 5th most stressful job by Forbes, just after “Police officer” [13]. Payment management is particularly crucial to the success or failure of individual events, event management businesses and their clients. This study aims at providing guidelines about how to handle payments between an event owner and an event management company, in the context of a sponsored public event. Several contracts have been analyzed with a multi-attribute decision making method to determine the most relevant solutions. Three solutions stand out as good compromises between financial security, performance incentive and user-friendliness: Cost plus incentive-fee, Cost plus award-fee and Flexible fixed-price methods. The paper suggests considering the specificities of the three suggested contracts before selecting one according to the specific context of the event.

Key words: Event management, Event organizer, Project Management, Payment, Incentive, Award, Fixed-price, Liquidated damages, Sponsored events, Public events

INTRODUCTION

The Events Industry is a massive and growing business: it was worth £42.3 billion in the UK in 2015 and is expected to rise by 8% [1]. Yet, organizing a large event can be a difficult and complex task. Events are unique and temporary endeavors usually thrown in a specific context involving a multitude of factors. With an average budget of £65,943 per event in the UK in 2015, the stakes are too high to endure amateurism [1]. Therefore, event organizing companies are often hired to provide the experience and expertise necessary. This can be a perfect solution provided that the event management contract is adequately detailed and protects both parties. Carefully handling payments is particularly crucial because the client can be investing an important amount of money and the organizer is incurring significant expenses. This need is reinforced by the risky and uncertain environment of the public event business: one must deal with sales, affluence, logistics, venue booking, safety, government regulations, etc. When the contract is not properly set, the failure or mismanagement of one party can have a disastrous impact on the other party and lead to important economic losses. This is why event businesses must understand that estimating and agreeing on the budget is not sufficient, one must also consider how payments will take place and which legal protection can be implemented.

This paper aims at providing guidelines to manage payments effectively in an event management contract and more particularly in the context of a free public event supported by sponsors. It uses multi-attribute analysis to benchmark an agreement for a 5k Run/Walk event and several contract templates that have proved themselves over time in the construction industry. It considers the ways to ensure financial flexibility, safety and motivation. It shows that specific payments methods can be set up to ensure that both parties have enough financial security while offering financial leeway and performance incentives.

To summarize this paper has been created to answer the following questions regarding payments in sponsored public event management contracts:

  • How to ensure financial security for both parties?
  • How to foster performance and project success?
  • How to keep the financial agreement user-friendly?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:
Levaslot, P. (2018). Managing Payments to Optimize Successful Management of Sponsored Public Events, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Levaslot-managing-payments-to-optimize-event-success-student-paper.pdf



About the Author


Pierre Levaslot

Lille, France

 


Pierre Levaslot
is a final year double-degree student at Ecole Centrale de Lille and SKEMA Business School. He is expecting to get a MSc degree in Generalist Engineering from Ecole Centrale de Lille and a MSc degree in Project and Programme Management & Business Development from SKEMA Business School. He has experience working as Logistics Technician Intern, Sales Adviser, Web development Officer and Software Engineering Officer. He also has experience as Project Manager as he led a team of 4 SKEMA students in a project to organize a conference with a Chinese Project Management practitioner and professor in October 2017. Pierre can be contacted at [email protected].

 

 

Do not lose your mind

when managing disputes in hospitality

 

STUDENT PAPER

By Eugénie Blanchard

SKEMA Business School

Paris, France

 



ABSTRACT

Dispute resolution is a big issue in the hospitality sector. Indeed, for example, there are always customers dissatisfied with the service by the hotel they stayed in.  Six alternative dispute resolutions (ADR) can be used to resolve a dispute between two parties. These six alternatives are prevention, mediation, negotiation, binding arbitration, non-binding arbitration and litigation. Nevertheless, it can be hard to decide which alternative choose when needed. The goal of this paper is to discover which type of alternative is the preferred one when managing a dispute. This paper will also try to understand why the hospitality sector can be reluctant to use mediation.

The paper is based on a Multi-attribute decision analysis, an Additive weighting calculation, a Fishbone diagram and articles written by experts on ADR. These analyses show that mediation is the preferred solution for time saving, cost saving, keeping privacy, and so on.

Even if mediation has disadvantages, it is the preferred solution. Indeed, you cannot always be sure that one alternative will be a success. But mediation is the one that will more likely meet all the objectives expecting by both party in hospitality.

Key words : Mediation, Binding arbitration, Non-binding Arbitration, Negotiation, Alternative dispute resolution (ADR), Issues of mediation, Dispute resolution

INTRODUCTION

The last century saw and allowed huge development of the hospitality sector. Improvement in travelling technics and appearance of paid holidays gave people the opportunity to travel around the world more often. Hence, the hospitality sector always needs to be improved and to offer more and more opportunities to the customers. This is the reason why nowadays the hospitality sector is really important and involves many parties.

The involvement of more and more parties is one of the main reasons for parties to have a contract as complete as possible. They need to try to forecast everything to be sure there will be no issues or fewer issues. Nevertheless, it is impossible to predict and avoid everything. Indeed, disputes between parties occurs and need to be resolved.

There are several dispute resolution technics. But to make the resolution easier, parties have to put a dispute resolution clause on the contract. Like this, they will always know how to resolve the dispute. The resolution will be made easier.

Even if mediation seems to be the best dispute resolution in the hospitality sector, there are other ways to resolve a dispute between two parties. A resolution can be managed with mediation, litigation, arbitration or negotiation. These resolution technics can be used in every sector. Nevertheless, for some time now, in hospitality, stakeholders are using mediation to resolve disputes between parties. Often, there is even a clause in the contract explaining that mediation will be the one used in case of a dispute.

Mediation presents many advantages compared to other dispute resolution technics. Indeed, mediation takes less time, costs less, and is private so customers will not know what the company is facing. These are the major advantages, there are others.

The other main techniques are litigation, arbitration and negotiation. These techniques will use more time, cost much, more persons will be involved and cannot be private. So, we can understand why often parties will first turn to mediation.

Nevertheless, mediation is not always working when fixing a dispute. Sometimes after mediation, parties will have to go to court or to use other techniques. Moreover, mediation is also not always the first technique chosen.

To summarize, this paper will attempt to answer the following questions:

  • Why some parties are reluctant to use mediation when resolving a dispute for hotel contracts?
  • What is the best dispute resolution for a hotel contract in hospitality?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:
Blanchard, E. (2018). Do not lose your mind when managing disputes in hospitality, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Blanchard-do-not-lose-your-mind-student-paper.pdf



About the Author


Eugénie Blanchard

Paris, France

 

 

Eugénie Blanchard is a SKEMA Business School (Paris) student, specialized in Project and Program Management and Business Development. She joined SKEMA in 2014 and improved her knowledge in Finance, Marketing, Law and Management during classes and internships. Her last internship in marketing and business development in E-lixir Consulting (Madrid) highlighted her wish to enhance her knowledge and capacities in project management. This is the reason why she chose the MSc Project and Program Management and Business Development for her last year at school.

 

 

Dispute Resolution in Professional Sports


STUDENT PAPER

By Qianhang Fang

SKEMA Business School

Paris, France

 



ABSTRACT

In the modern society, sport is an indispensable part of our life. Following the development of professional sports, resolution to sports disputes is more and more important. In the 20th Century, the concept of ADR was brought into the sports field, which gave us more choice of resolving sports disputes. However, more choices also brought us more confusion: with lack of understanding the alternative resolutions, it seems really difficult to choose the appropriate one. Furthermore, the popularity of Sports ADR is low in some countries where is more difficult to choose the right dispute resolution. This paper, using the method of Multi-attribute Decision Making (MADA), found out that Mediation is the most suitable resolution to sports disputes.

Key words: Sports Dispute, Resolution, ADR, Litigation, Arbitration, Mediation, Negotiation, Right and Interest

INTRODUCTION

In recent years, modern sports has seen a rapid development; the trends of professionalism and commercialization brings more and more participants into the sports industry. The prosperity of professional sports brought a great profit, which makes the relationship between the related parties (sports organization, players, sports brand, boss of a sports team…) more complicated. In this situation, the increase of disputes in the field of professional sports is inevitable. Solving disputes in an effective way will not only protect the rights and interests of the involved parties but also stimulate the development of sports industry. Therefore, the objective of this paper is to find out a better resolution to the disputes in the sports industry.

In general, professional sports dispute can be divided in to three types: the first one is commercial dispute, such as the disputes caused by sponsor, advertisement and the broadcasting right; The second is the dispute between sports organizations and their members where the contract of player, the eligibility and the nationality are examples; The last sort of dispute is caused by punishment such as suspension and cancellation of license.

There are several resolutions to disputes; the commonest is bringing a lawsuit to the court. However, litigation is not the only way to solve disputes. There are also some alternative dispute resolutions (ADR) for sports. Avoid is one of the resolutions, for example, in Chinese basketball Association, Stephen Marbury left Beijing Ducks this summer because of a dispute of contract. As we know, avoid, which is passive and may bring a lose-lose situation seems not to be a wise way. Thus, I will also discuss other ADR, which are negotiation, arbitration and mediation. In this paper, I will discuss and compare the alternative resolutions and then find out an appropriate and effective way to solve the dispute in professional sports.

METHODOLOGY

  1. Problem Statement

Dispute is common in our life; it’s also common that people resolve disputes like marital disputes, property disputes, trading disputes and debt disputes with litigation and ADR. However, in the area of sports, the ADR has just risen. Some sports organizations or athletes in the developing countries are even not familiar with the ADR to sports dispute so that they are always confused when they want to choose a resolution. Thus, I will present and discuss the dispute resolutions in professional sports, and then decide which is the most appropriate.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:
Fang, Q. (2018). Dispute Resolution in Professional Sports, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Fang-dispute-resolution-in-professional-sports-student-paper.pdf



About the Author


Qianhang Fang

Paris, France

 

 


Qianhang Fang
, Bachelor of Finance and Bachelor of English Language, is a Master of Science (MSC) student majoring in Project Management at SKEMA Business School, Paris. After graduating from Beijing Technology and Business University in 2016, he worked for a content marketing department in SSPORT, a sports media company in China. He also has the experience of starting up his own small business. As a student of Project Management, he has gotten the certifications of AgilePM and Prince 2 Foundation, which proves he is qualified to be a project team member. Qianhang can be contacted at [email protected].

 

 

Four types of Contract documents to resolve Retainage Conflicts

A Multi-Attribute Decision Analysis

 

STUDENT PAPER

By Rony Al Helou

SKEMA Business School

Paris, France

 



ABSTRACT

Project management practice did not evolve knowing that the number of disputes is increasing in terms of time and money. This paper addresses the problem by choosing the best contract provoking the least of disputes in terms of Retainage.

The method used is first to address and view the problem and clauses related to it in four different contract types and second, compare in a qualitative matter the four types of contracts to be able to do a clearer choice. As a third step the paper’s objective is to choose one single contract type that suit best our objective and this choice is made by using the non-compensatory model of disjunctive reasoning.

As a final answer, one contract that replies best to the objectives set is chosen, therefore it is the best contract dealing with conflict avoidance in regards of Retainage clauses. >

Key words: Retainage; Post-Completion Obligations; Performance; Retention Clause; Romalpa; Guarantees; Protecting Sellers.

INTRODUCTION

Statistics show that the number of disputes in contracts is largely increasing. The average dispute value has increased from 31million dollars in 2012 to over 42.8 million in 2016; in the same manner, the length of disputes has tremendously increased throughout the years to get to an average of 12.8 month in 2012 and 14 month in 2016 these numbers are not necessary focused in a certain part of the world but the numbers are representative samples from all the continents where the four types of contracts addressed in this paper are highly present and being worked with.  Although project and contract management is evolving in terms of number of people having degrees and certifications but the practical part seems to fall away and Winston Churchill’s famous quote “Let our advance worrying become advance thinking and planning” doesn’t seem to be applied when dealing with project management conflicts.

Further research have shown that “Failure to administer contract” is the top cause mentioned in the 2016 Construction Dispute report; therefore, Project delays, or end phase conflicts are considered to take a big share of the overall conflict percentages, while contractors are not payed but they managed to finish the work on time, or clients trying to delay final payment times by looking to hit on small specific technical issues. In this regard this paper’s purpose is to solve the issue of Retainage / Post completion guarantees and protection of the client and seller.

All in all, this issue had been targeted for a long time and till now no clear solutions were advanced. Therefore It is of major importance to review the four types of contracts: FIDIC, ConsensusDocs, EJCDC, AIA Contract Documents. To have a clear view on the topic and settle a certain benchmark, the CSI manual practice is used as a comparative basis in order to find the most appropriate context resolving this kind of issues.

Step 1: Problem Definition:

In this manner the objectives of this paper are:

  • Advance/State the least conflicting Retainage/Post Completion Payment clause in form and sentence.
  • Investigate and give a brighter view of the retention clause in the four types of contracts.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:

Al Helou, R. (2018). Four types of Contract documents to resolve Retainage Conflicts: A Multi-Attribute Decision Analysis, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Al-Helou-contract-documents-to-resolve-retainage-conflicts-student-paper.pdf



About the Author


Rony Al Helou

Paris, France

 

 


Rony Al Helou
is a student at Skema Business School (Paris) Msc Project and Programme Management and Business Development (PPMBD). He joined Skema for an Exchange Semester and through those years he enhanced his knowledge in Civil Engineering, Contracting and Contracts analysis before deciding to focus on project management. He also had the opportunity to develop his professional experiences through jobs he had in the civil engineering field. His last achievement was launching his own company in 2015, specializing in Contracting and consulting for construction projects. Practicing project management in the company helped him to decide his orientation in the PPMBD Msc and Complete his Knowledge.

 

 

Maintenance contracts in industry

As a contractor/client make sure not to underestimate termination conditions in your agreement

 

STUDENT PAPER

By Hassan Coulibaly

SKEMA Business School

Paris, France

 



ABSTRACT

In order to deliver needed resources, or in order to maintain functionality of some material, some companies or institutions need to outsource their maintenance tasks. Sometimes these companies don’t have the skills or sometimes the maintenance needs some special skills. These are the reason why Maintenance contracts exist.

But when maintenance is not needed anymore for any reason or can’t be performed, client or contractor deserves the right to terminate the contract. Termination clauses take all their importance in this case, but what kind of clauses need to be incorporated in this section of a maintenance contract?

By using compensatory method of the Multi-Attribute Decision Making method, we compared different termination clauses in maintenance contracts. By making this analysis, one contract has been eliminated and two contracts catch our attention.  Finally, Siemens’ maintenance contract appears to be the best choice for us.

Key words: Termination clauses, Industry, Maintenance, Contract, Agreement, Safety, Negotiation, Equity, Fairness, Dispute resolution, Force Majeure

INTRODUCTION

According to a study published in 2017 by the National Institute of Statistics and Economic Studies (INSEE), the Manufacturing industry will represent in France: any 84% of the total industry added value, 85% of the turnover and 89% of employees.

Repeated or occasional malfunctions occurring in a company in this sector can have serious consequences.

This can have an impact on the company’s productivity, its financial results or even threaten the safety of its employees.

It then becomes important for the organization to think about actions for insuring the proper operating conditions of the equipment; to ensure the proper conduct and optimization of equipment operation. These actions can be implemented through a curative and preventive maintenance policy and process. The company, to carry out these actions, can call on an internal or external servicing.

In the case of external maintenance, the establishment of a contract is necessary between both parties and very important. Before signing the contract, the company and the service provider negotiate and put in place the clauses that will be part of it. These arrangements allow protecting the mutual interest.

It is important to define and regulate the termination rules in the event that one of the parties wishes to terminate the contract. The establishment of a maintenance contract between the two co-contractors must therefore be part of a thoughtful process and follow a proper methodology.

Through this study, we intend to define the relevant terms of a maintenance contract and highlight how critical the termination clauses can be in such an agreement.

We will intend to address the following questions:

  • What are the mandatory and necessary termination clauses in a maintenance contract?
  • How to assess the quality of a termination clause, so that the contract is fair to all parties involved?
  • When a cancellation occurs, but the reason for it is not mentioned in the termination clauses, can the revocation take place? If so, what would be the risks for both parties?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:
Coulibaly, H. (2018). Maintenance contracts in industry: As a contractor/client make sure not to underestimate termination conditions in your agreement, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Coulibaly-maintenance-contracts-in-industry-student-paper.pdf



About the Author


Hassan Coulibaly

SKEMA Business School
Paris, France

 


Hassan Coulibaly
is a Project and Program Management & Business Development Master of Science student with an Industrial Engineering Degree from ESIGELEC (France, Rouen). He graduated in 2017 from engineering school after 3 years’ experience in an apprenticeship at CEMOI chocolate processing site of Tinchebray in France. Cemoi is a big French company that produces industrial chocolate for distributor brands and for chocolate specialists.

He has successfully conducted process automation and supervision upgrading projects.

The main project he conducted as an apprentice was the designing and building a monitoring system to track a production line performance. With this tool, managers could follow performance in real time (Quantity of production, Number and duration of stops).

He also had the opportunity to follow different technicians during their day to day activity.

Within the Maintenance service, he discovered the maintenance environment and all tasks that belongs to it: Preventive maintenance and curative maintenance.

He is highly motivated and attracted by automation and industrial robotics coupled with competency in projects management and Business development. He decided to attend in January 2017 Skema business school and its Master of Science program for a dual degree. He is also proficient in all computers tools he can get, such as Microsoft office but he is also proficient in apple software.

His aim was to acquire more knowledge in project management and business development, also to learn more about management skills which are important skill to develop as a future project manager.  Also, study in a multicultural environment and improve his English. He holds AgilePM certification and Prince2 certification. He also knows MS Project and Gantt Project, that are project management software.

Dynamic, multicultural and polyvalent, he is highly entrepreneurial, results oriented and operational efficiency focused. He is planning to work in business with continuous improvement and development supported by technical integrated automated systems. He can be contact by email at [email protected].

 

 

Fairness and Attractiveness of Contract

between Artists and Music Streaming Platforms

 

STUDENT PAPER

By Cassandra Picasse

SKEMA Business School

Paris, France

 



ABSTRACT

The music industry is undergoing profound changes thanks to the emergence of digital music services and music streaming. Companies such as Spotify and Apple Music have been accused of failing to compensate artists fairly and more and more artists consider the royalties model as inaccurate. In this paper, we compare the different models of Spotify, Apple Music, and Tidal to know which one is fairer with artists, or rather, which one is the least unfair with artists, using the Multi-Attribute Decision making. We analyzed each platform with the non-dimensional scaling technique and compensatory method to ultimately, select the preferred alternative and we finally discovered that Tidal is the more appropriate service from the artists’ perspective. Finally, we assumed that online music streaming platforms could find numerous ways to be fairer with artists and to develop a model which could allow taking into account their own needs and expectations and that of each other party, for instance by using the block-chain technology or questioning the monthly subscription model.

Key words: Payment, Pricing, Music, Streaming, Service, Artist, Quality, Fairness, Trial period

INTRODUCTION

After suffering losses in revenue due to the decline of physical recordings such as CD-ROM’s and tapes and to piracy on the Internet during the nineties, the music industry is getting better. In 2016, the music sales in the United States represented $7.7 billion revenue and achieved the industry’s highest sales figure since 2009. These figures resulted of the activities of online music streaming platforms such as Apple Music, Spotify, Tidal, and others. In 2016, it represented 51% of the business in the Unites-States.

Online music streaming platforms propose either to benefit from a free access but by accepting to receive advertisements or by agreeing to pay a subscription for a Premium service (ad-free) and thus to have unlimited access to music, across different devices including smartphones, tablets, and televisions. Subscriptions are offered at varying rates, one for students (around $5), for a single user (around $10) and family (around 15$). Today, the industry tries to wring as much money as possible from digital music services.

Problem Statement

Despite the apparent new revenue stream that it offers from the Internet to music industry and the apparent higher efficiency to fight online piracy, the music streaming platforms have been accused of depreciating the value of music in the eyes of listeners through their free tier and accused of failing to compensate artists fairly. Indeed, more and more artists and right-holders consider that the royalties model is not entirely fair and accurate. However, the companies still aren’t making any profit, despite their flourishing revenues, because most of them are plowed into royalties’ payment. For instance, in 2016, despite its increasing revenues, Spotify revealed a net loss of $194 million. In order to face this criticism, how the economic model of music streaming platforms should be adapted to be fairer with artists?

Considering the evolution of the music industry and the growing presence of these digital music services, it’s critical to find a model that could meet the expectations of the three interested parties; the music streaming platforms, the customers, and the artists. Should the music streaming platforms keep proposing a free ad-based offering to access to music? Should the music streaming platforms increase their fees? Should the music streaming platforms be more transparent regarding the percentage they plowed back to labels and music publishers?

This paper has been designed to research, analyze and answer the following questions:

  • Which music streaming platforms between Spotify, Apple Music, and Tidal is the more attractive and fairer with artists?
  • How could music streaming platforms be fairer with artists?

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper: 
Picasse, S. (2018). Fairness and Attractiveness of Contract between Artists and Music Streaming Platforms, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Picasse-contract-between-artists-and-music-streaming-platforms-student-paper.pdf



About the Author


Cassandra Picasse

Paris, France





Cassandra Picasse
is a Master of Science student in SKEMA Business School, pursuing the specialization « Project and Program Management and Business Development » (PPMBD). She integrated the « Programme Grande École » of SKEMA Business School in 2015 after graduating from the University Institute of Technology of Troyes. Last year, she studied for six months at Fundação Dom Cabral in Belo Horizonte in Brazil. She has worked for Atos, a European IT services corporation during four months as PMO Assistant. Cassandra can be contacted at [email protected] or www.linkedin.com/in/cpicasse

 

 

Is a restaurant menu a contract

and what liabilities does it incur?

 

STUDENT PAPER

By Sarah Safarian

SKEMA Business School

Paris, France

 



INTRODUCTION

In this International Contract Management report, I address the question of whether or not a menu in a restaurant is an enforceable contract.  The title of my presentation will be as follows: Is a menu a contract & what liabilities does it incur?

Key words: The six key words I will consider are: Liability – of the restaurant owner to the client; Termination – ‘sending the meal back’; Acceptance – ‘does the meal adhere to what it describes on the menu?’; Guarantee – ‘Are the same ingredients mentioned on the menu being used; Disputes; Enforceable

Menu’s enforceability

First, I will present the different elements that make up a menu. Then, I’ll address whether or not these confirm a menu is an enforceable contract.

I will examine the five elements that make up a valid and enforceable contract, within the menu:

Offer
Acceptance
Exchange
Capacity
Legality

The objective of this paper is to benchmark a restaurant menu against the SKEMA PPMD Fall 2017 course materials on International Contracts for Project Managers. This includes the use of FIDIC, AIA, EJCDC and Consensus Docs as benchmark, using the terms and conditions contained in these global contracts as the baseline for comparison purposes.

I will also address the issue of whether or not running a restaurant is an example of ‘projectized operations,’ determining if each meal represents a one-time unique event with a defined start and defined finish, or not.

In order to accomplish the objective listed above, I will use the keywords to conduct in-depth research and to answer the question at hand.

  1. What is a menu?

A menu is an implied contract, a contract that arises from one’s conduct, and is legally binding; ‘a contract that the parties presumably intended as their tacit understanding as inferred from their conduct and other circumstances’ (Shake Law, 2014).

In a restaurant, it is implied and understood that when you sit down you agree to pay for the food, and the restaurant agrees to serve you prior to receipt of payment.

The menu we will examine is from a Chicago restaurant called ‘Loving Heart Vegan’ (seen below in figure 1) and is comprised of the following elements:

  • Product description: menu items, their ingredients, composition
  • The prices for a small versus a large order
  • Claims such as ‘100%vegan’ or ‘Drinks are all gluten free!’ or ‘80% USDA Certified Organic Ingredients’
  • A disclaimer at the bottom, mentioning ‘note: we don’t list every ingredient and they are subject to change, if we cannot source an ingredient. If you have a severe allergy or intolerance, please note that we do not use dedicated equipment for menu items, described as ‘gluten free,’ ‘gluten free option available,’ ‘nut free,’ ‘soy free,’ etc.’

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].

How to cite this paper:
Safarian, S. (2018). Is a restaurant menu a contract and what liabilities does it incur? PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Safarian-is-a-restaurant-menu-a-contract-student-paper.pdf



About the Author


Sarah Safarian

Paris, France

 

 



Sarah Safarian
is an MSc Project Management for Business Excellence student at Skema Business School in Paris. She grew up in Dubai in the United Arab Emirates and is originally from there. She has worked in New York, Dubai and now Paris. She has five years of work experience and started her career in hospitality at the Jumeirah Essex House Hotel New York, but then moved on to work for L’Oreal and General Electric in Dubai. It took a few years, but she eventually found her true passion for the Food & Beverage sector. She is now re-tailoring her career towards project management, focusing on the F&B industry. She is currently working for Wild & The Moon, a vegan restaurant based in Paris. Plant based cuisine is her passion and she hopes to one day open her own restaurant, wellness center or even plant-based food consulting firm. She is the creator of a food and wellness blog, called humblyhealthy.org, is a professional recipe developer, and certified holistic nutritionist via American Fitness Professionals & Associates (AFPA). She was recently featured in Women’s Health Magazine Middle East November 2017 issue. She can be contacted at [email protected] or [email protected]

 

 

 

Go Small for Project Success

 

STUDENT PAPER

By Michael Rosato

St. Joseph’s College

Patchogue, NY, USA

 



Abstract

Large amounts of projects fail to be completed on time and on budget every year.  Based off statistics reported by organizations such as the Project Management Institute, trends are not showing any big improvements in these areas.  As new project success measures are being discussed, the projects failing to be complete within the traditional constraints continue to hamper major corporations, government agencies and global business. During review of many of these surveys the correlation between project size and project failure is evident.  Specifically to IT projects, different methodologies do not provide a large enough benefit to combat the challenges of increased project size. As large projects continue to face performance issues, project managers can relate project size to increases in severity and frequency of many common project challenges.

Introduction

The amount of studies and surveys conducted every year on project management failures is plentiful.  Many of these statistics show the high number of projects that ultimately are delivered late and over budget while providing some of the drivers behind these failures.  As you read through these various studies one can quickly correlate many of these issues back to a single variable in the project and that is project size.  When speaking about large and small projects factors discussed are complexity, durations and costs.  As more and more projects are utilizing methodologies to deliver fast business value identifying project success is consistently being discussed.

Companies are frequently being challenged with overcoming the after effects of failed project delivery. This paper will utilize the findings from specific Project Management studies such as the Standish Group CHAOS report to illustrate the correlation between project size and failure.  The common drivers of project failure will be identified and discussed in terms of project size.

Project Success Criteria

Project success can and will be defined by the client or company embarking on a project to enhance their business.  As the agile methods is extremely prevalent in the software development industry, business value and speed to market have been tagged as the measure of success while traditional constraints are thought to have some flexibility.  Other concepts believe if the long-term benefits outweigh the cost then the project is a success (Nicholas & Hidding, 2010). However, when large-scale projects fail the delays in schedule and enormous cost overruns lead to the heartache many companies deal with when the smoke has cleared.

Many people in the industry are familiar with the term “Black Swan”, which was brought to light by Alexander Budzier and Bent Flyvbjerg in their study published in a 2011 Harvard Business Review. The term refers to massive IT projects that overrun their budgets up to 200% (Flyvbjerg & Budzier, 2011).  Large software implementations can usually be found in the form of Enterprise Resource Planning (ERP) solutions.  The project between North American environmental solutions provider Waste Management and software vendor & integrator SAP come to mind over their botched ERP implementation.  The project was a complete failure, which ultimately lead to a 500 million dollar lawsuit and ultimate settlement between both parties (Kanaracus, 2010).  Although business value is the ultimate goal, measures of a projects success needs to acknowledge the triple constraints.  Again many of the statistics and surveys produced by consulting and management firms bring us back to cost, time and scope.

The Harsh Truth of Project Failures

There are many surveys conducted every year on the state of project management. Many of these surveys are conducted globally and cross industry lines to give an overall view of the rate of project successes and drivers of project failure.  As a client these numbers look alarming but as project managers these figures seem to accurately reflect many projects we are involved with.  PMI’s Pulse of the Profession broadly shows a snapshot of the project management industry.  A diverse population of over 3,000 professionals spanning different industries drives the statistics.

The chart below shows that since 2011 projects on average have been completed on time and on budget less than 60% of the time.

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Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared during the author’s enrollment in a Master of Business Administration (MBA) degree program at St. Joseph’s College in Patchogue, New York, USA. Supervising professor was Prof Edward Gillespie.

How to cite this paper:
Rosato, M. (2018). Go Small for Project Success, PM World Journal, Volume VII, Issue 5, May 2018. https://pmworldjournal.net/wp-content/uploads/2018/05/pmwj70-May2018-Rosato-go-small-for-project-success-student-paper.pdf



About the Author


Michael Rosato

New York, USA

 

 


Michael Rosato 
is a graduate student pursuing his MBA from St. Joseph’s College in Patchogue, New York.  Michael is a certified Project Management Professional (PMP) and has earned additional certification in Agile methodologies.  He has worked in the Utility industry for over 8 years operating in New York City.  Michael has held a previous position in portfolio management focusing on cost controls, forecasting and project selection.  He is currently holding the title of project manager with oversight on a comprehensive software implementation.

Michael can be contacted at [email protected]