Sarah Schutte

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© 2016 Schutte Consulting Limited

Bringing projects to life

#eVa21The impact of law on an under-rated

artby Sarah Schütte

of Schutte Consulting Limited For eVaintheUK Conference

16 and 17 June 2016


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Reflections on the management of a project In homage to Taylor Swift…


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“Out of the woods”Looking at the programme nowIt all seemed so simple (if only it was)We were sitting at your deskI rememberYou took a screenshot of itThen discovered We shouldn’t work in black and white‘Cos the PM worked in screaming colorAnd I remember thinking…Are we out of the woods yet? (with those pesky programme acceptance criteria) x4

Are we in the clear yet? (is the PM going to accept it?) x4Good!


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“Out of the woods”Looking at it now (the one dated) last DecemberIt was built to fall apartThen be put back togetherThat logic hanging from the taskThe one we couldn't quite forget (despite trying)So we decidedTo move the lags around so it would workColleague, like we stood a chanceThe critical path’s gone flying, flying, flyingAnd I remember thinkin’Are we out of the woods yet? (with those pesky programme acceptance criteria) x4

Are we in the clear yet? (is the PM going to accept it?) x4Good!


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“Out of the Woods”Remember when you hit the “send” too soon?The PM rejected it, the job went ’boom’When you started cryin', colleague, I did, tooOur reputation ruined, wasted money tooRemember when we couldn't take the heatI served notice and said, "I'm settin' you free”But the issues turned out to be their risksAnd then the programme worked, and you were lookin' at meYou were lookin' at meYou were lookin' at meI remember, oh, I remember…...

Miss Swift was contacted for approval of these tongue-in-cheek lyrics.. Reply © Original lyrics by Taylor Swift 2014 © adapted lyrics by Sarah Schütte 2016. Note: awaited…


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How can Project Managersget out of the woods? (1)

In the lyrics I wrote, there are several references to issues concerned with law and project management: The difficulty of fulfilling the programme acceptance

criteria The fear that the PM would reject the programme (and

the consequences thereof) Serving notice to walk away from the contract Risk allocation: Issues turning out to be the other

party’s risks The relief that the programme was compliant

Use law to help you navigate a path through the trees!


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How can Project Managersget out of the woods? (2)

My beliefs Project management is an under-rated art operating within

a straightjacket (the law) PMs can protect themselves by learning how to chart legal

territory The legally-astute PM is the PM of choice because (s)he

adds value to a project APM’s core belief, built into its “FIVE Dimensions of

Professionalism”: we can improve the UK’s project delivery capability by building a better professional

Together, we see many benefits to PMs appreciating the law: one is to bring context to projects i.e. “bring projects to life”

How can we do this and why does it matter?


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Understanding Project Management

What is a project? A task which is transient i.e. has a beginning and an end. Not business-

as-usual activity There should be an identifiable desirable i.e. an ”outcome, output,

benefit or objective” (APM) A project is usually subject to a timescale, a budget and quality-driven

criteria For a project to succeed, the desirable must be achieved

What is “project management”? “the application of processes, methods, knowledge, skills and

experience to achieve the project objective” (APM) Projects are found in every industry, and can be of any size and

purpose AND they are temporary and focused Technical expertise + APM accreditation = good PM How to become better (or, great, or excellent)?


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The legal straightjacket: PM essentials (1)

Impact of the law In the UK, law is a “straightjacket” Law sets out the framework for behaviour and

prescribes rules for individuals and organisations to operate lawfully (i.e. without criminal or civil consequence)

Law underpins APM certification rules e.g. it provides comfort to APM members to have faith in APM’s authority and determination to uphold professional and ethical standards

In project setting, PMs have many responsibilities to juggle & feel pressure from many sides to deliver

Add basic legal knowledge to expand your skill-set and to support you to deliver your responsibilities


10The legal straightjacket: PM essentials (2)

Broad outline of the UK’s legal framework Common law of contract and tort Supplemented by codification (statute) e.g. Unfair Contract Terms Act

1977, Supply of Services and Goods Act 1982, Late Payment of Commercial Debts (Interest) Act 1998, Bribery Act 2010, Insurance Act 2015

Supplemented by regulation e.g. HSE, EA, ORR, ICO, FCA Supplemented by compliance e.g. Data Protection Act 1988, Freedom

of Information Act 2000 Supplemented by EU law e.g. BSEN, ECHR, Procurement Directive Optional Codes of Practice e.g. Prompt Payment Code, Considerate

Constructors Code Bolstered by case law (judgments of the Court) and decisions by

tribunals having devolved jurisdiction (e.g. Competition Commission), plus other tribunals (e.g. adjudication, arbitration)

Wow, that’s a lot for PMs to get to grips with! Law is complex, and ever-changing…


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Charting legal territory (1) Core PM duties/ activities

Drive progress proactively Manage project communications/ record-keeping Assess risk and manage change control Periodically interpret contract and facilitate practical

resolution of issues, avoiding formal dispute resolution Certify work done, milestones achieved and administer

payment Analyse the programme (with support?), report on

progress and seek continuous improvement If external:

Act independently, not in any biased way (& be seen to do so) Make contractually binding decisions using professional

judgment Be accountable to both parties

Plus industry-specific duties and activities


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Charting legal territory (2) Hazards which a PM could encounter at any stage

Your performance is criticised If external: your independence is questioned Not knowing your brief and straying outside inadvertently Allegation of professional negligence i.e. you failed to

comply with your responsibilities, or you made a mistake, causing loss or damage to someone to whom you owed a duty, either in contract or tort or both, or a statutory duty

Ethical issues Risk to accredited status Reputation and integrity: personal and corporate Stress, time and energy (whether proven or not…)


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Charting legal territory (3) How can a PM avoid, or manage his/her way out of, such

hazards Understand your remit (scope of services) Understand the rights and remedies which the law gives to

others (including internal and/ or external stakeholders) Understand the importance of professional indemnity

insurance, and how to preserve cover Loss or damage suffered by others can be significant e.g.

incorrect valuation or inaction leading to time- or claim- bar If PII cover is denied, the organisation has to cover the

costs consequences of the risk arising


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The legally-astute PM isthe PM of choice (1)

10 tips on using law to strengthen your PM skills and credentials

1. Take time to read & understand the project deliverables, & ask questions if unclear

2. Invest in yourself – undertake detailed training on the basics of law, and regular refresher training

3. “Manage” your project – be a confident and proactive PM knowing law can support you

4. Make the law your starting point in the event of issues arising, since it will provide the answer, ultimately

5. Take the facts you know when communicating, and build a story logically, with reference to contract clauses, events and documents


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10 tips on using law to strengthen your PM skills and credentials (continued)

6. Use the parameters (straightjacket) of law to help you to weigh up the reliability of information/ data

7. Law optimises your ability to operate commercially and find workable solutions for all

8. Remember that no project is identical so push yourself to broaden your experience and expertise, knowing that the law provides a cushion of support

9. Use your legal and professional contacts as sounding boards and seek advice whenever unsure

10. Bring your projects to life! See law as complementary to your technical skills and don’t be afraid to use it!


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10 observed benefits of a “great”(or “excellent”) PM

1. Well-rounded skill-set is attractive to clients in a competitive market

2. Robust decisions based on legal principles and sound judgment

3. Project parties respect the authority of a “great” PM4. Stakeholders have confidence in a “great” PM’s ability

to deliver value on their behalf5. The likelihood of challenge to a “great” PM’s decision

(i.e. resulting in a dispute) is reduced


17The legally-astute PM isthe PM of choice (4)

10 observed benefits of a “great” PM

6. Measurably better outcomes for project delivery and people involved (relationships)

7. Short term: greater turnover via repeat engagements/ recommendations

8. Medium term: grow reputation by building up experience and expertise, improved efficiency and therefore profit margin

9. Long term: expand offering to include expert advisor/ witness work

10. A great PM brings his / her projects to life by comfortably operating within the legal framework

What conclusions can be made about the relevance of law to PMs?

Contact: Phone: +44(0)7970101188Email: [email protected]: www.schutteconsulting.co.ukLinked In: Sarah Schutte and Schutte Consulting LimitedTwitter: @sarahschutte1 and @schutteconsulting#SCLGlobal #SCLatSW11 #AskSarahsSkype: Sarah Schutte Sharp


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Sarah Schutte

Business