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5 Tips to Successfully
Negotiate Access and
Reinstatement on Private
Property
By
Julia Coates
1. PHOTOS, PHOTOS, PHOTOS
Before you start thinking about hashing out a deal it is important
to lay the groundwork. Formal...
2. KNOW THE NON-NEGOTIABLES
When you’ve made progress on certain issues but remain
stymied on others, it’s time to take a ...
3. DO WHAT YOU SAY YOU WILL
Whatever you have gained through artful negotiation will be lost,
confused or simply disregard...
4. STICK TO THE SCHEDULE
Good engagement doesn’t end once you have sealed the deal.
To keep the project on schedule and th...
5. START WITH THE END IN MIND
Once works are complete, the landowner will need to agree in
writing that the affected prope...
www.struber.com.au
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5 tips to successfully negotiate access and reinstatement julia coates struber comms

  1. 1. 5 Tips to Successfully Negotiate Access and Reinstatement on Private Property By Julia Coates
  2. 2. 1. PHOTOS, PHOTOS, PHOTOS Before you start thinking about hashing out a deal it is important to lay the groundwork. Formally assess and document the current condition of the property, before construction starts, and seek recommendations for the rehabilitation of the property. Not only will this better inform your understanding of the potential impacts and mitigations for the works, it will also capture the state of the property at a point in time pre-construction. For a contractor this can save potential re-works and expensive claims. A pre-construction report also provides surety to the stakeholder that the property will be reinstated to a standard that matches the existing.
  3. 3. 2. KNOW THE NON-NEGOTIABLES When you’ve made progress on certain issues but remain stymied on others, it’s time to take a hard look at what’s standing between you and a mutually acceptable deal. Understanding the drivers, motivators and non-negotiables of the stakeholder and the contractor can allow you to identify areas in which each party can make concessions to reach agreement sooner. If a give and take approach doesn’t work, invite the stakeholder to outline their specific requirements and request some time to consider and respond to their proposal. By taking a little extra time you can increase the value of your perceived concession and the satisfaction of the stakeholder.
  4. 4. 3. DO WHAT YOU SAY YOU WILL Whatever you have gained through artful negotiation will be lost, confused or simply disregarded if the agreement you have reached is not captured in a formal document. All land access and rehabilitation or reinstatement agreements require a formal contract. The technical side of executing an agreement isn’t glamorous, but it is important. Make sure that you capture every detail, even the minutiae, in the documented agreement and deliver to it. A small detail missed at this stage can snowball into an expensive oversight later. In the event of a scope change, ensure that any additional works, changes or re-negotiations are formalised too.
  5. 5. 4. STICK TO THE SCHEDULE Good engagement doesn’t end once you have sealed the deal. To keep the project on schedule and the landowner happy, communication is key. Agree notification timelines for property access, if it is ongoing, and provide regular updates on construction and reinstatement activities. By keeping the stakeholder up-to-date, informed and in-the-loop you can address any concerns they may have and minimise risk to the project. Remember, even though there is a land access agreement in place it is still the landowner’s property and the contractor must respect that.
  6. 6. 5. START WITH THE END IN MIND Once works are complete, the landowner will need to agree in writing that the affected property has been reinstated in accordance with the formal agreement. Legally finalising the agreement and transferring the ongoing maintenance and responsibility of the returned works to the stakeholder is imperative for the project. It is important to set the stakeholders expectations and understanding of this all-important step at the very beginning of the negotiation process. If you do not start with the end in mind, the end can be hard to find.
  7. 7. www.struber.com.au

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