Negotiation

Parliamentary Procedure is a Sales Tool

Robert's Rules of Order was compiled by an engineer.
"Henry Martyn Robert was an engineering officer in the regular Army. Without warning he was asked to preside over a public meeting being held in a church in his community and realized that he did not know how. He tried anyway and his embarrassment was supreme. This event, which may seem familiar to many readers, left him determined never to attend another meeting until he knew something of parliamentary law." (Robert's Rules of Order website)
Building product salesmen, like engineers, ought to be prepared to participate in "deliberative assemblies," to use Robert's elegant phrase for meetings where a group considers and democratically decides on a course of action or policy. As Robert's found, being able to conduct a business meeting effectively is a form of service to an organization. It can also enhance an individual's reputation and afford leadership opportunities that can aid one's career.

I am reflecting on this following the recent Annual Meeting of the Construction Specifications Institute (CSI). A simple motion from the floor devolved into confusion that delayed the meeting and frustrated members. This would not have been the case if the meeting had been assisted by an able parliamentarian or if the members had a better understanding of the rules of order.

Rules of order are similar in function to MasterFormat's Division 01 - General Requirements; both describe administrative and procedural requirements to be followed in order to achieve a goal. Conducting a meeting is far easier than managing a construction project.
"The application of parliamentary law is the best method yet devised to enable assemblies of any size, with due regard for every member’s opinion, to arrive at the general will on the maximum number of questions of varying complexity in a minimum amount of time and under all kinds of internal climate ranging from total harmony to hardened or impassioned division of opinion." (Robert's Rules of Order Newly Revised, 10th ed., Introduction, p. xlviii)
While CSI's meeting was tumultuous, the members were still able to approve the motion in question, with a substantial majority voting in the affirmative.

Familiarity with parliamentary procedures will enhance your participation in professional and trade associations and committees and in community affairs. To learn parliamentary procedures, I recommend reading Robert's Rules of Order Newly Revised IN BRIEF, a clear, concise, and correct guidebook that is complete enough for use most meetings. I also recommend The A-B-C's of Parliamentary Procedures, a pamphlet that explains basic rules and is priced so that copies can be affordably provided to all members of an organization.

Roberts worked with the US Army Corps of Engineers, eventually becoming its Chief of Engineers. Among his many civil engineering works were improvements to waterways. Yet his greatest achievement was to improve the flow of group decision making and to drain the swamps of debate. It is altogether fitting that contemporary members of the construction industry follow his lead.

Match your sales approach to the project phase

This is an encore of an article Michael Chusid wrote almost twenty years ago. It is still applicable today.


My sales manager is urging me to make more architectural sales calls during the design phase. But experienced sales reps tell me I’m wasting my time if I make a call before the construction documents phase. What do they mean by project phases? And which phase is the best time to make sales calls?—J. P., sales trainee

Architects typically provide their services in a series of phases described in American Institute of Architects document B141: Owner-Architect Agreement. The sales assistance an architect needs may differ from one phase to another. Understanding the following seven phases will enable you to adjust your sales style to each.

1. The sales process begins even before a project is identified. The pre-design phase is not just for prospecting, it provides an opportunity to form relationships with architects and their staffs and to position yourself as a valuable resource. Ask about the firm’s experience with and attitude toward your product and have the staff explain their product selection process. These kinds of questions will put you in the role of a consultant and not merely a vendor.

Architects deal with thousands of products in a typical building. The pre-design phase is not the time to overload them with data that has no immediate use. Instead, concentrate on creating positive impressions of your product’s primary benefits. Give the architect enough background to make intelligent product decisions.
In-office lunch programs are an excellent way to do this. The lunch format reaches individuals in the back office who make many product decisions but whom you can’t call on individually. Rather than fill your presentation with product facts and figures, discuss areas of broader concern. If you sell waterproofing, for example, don’t talk about application technicalities. Discuss ways to construct a building that minimizes the potential for leaks.

2. During schematic design the architect establishes a building’s concept, size, appearance, overall quality, and budget. Decisions about major building systems may be made, such as whether a steel or concrete structure will be used. And “single line” drawings will be produced showing the building’s general layout.

Your goal at this time is not to sell your particular product, but to assure that your product type is the basis of the design. If you sell metal roofing, for example, pitch the aesthetic and functional benefits of sloped roofs compared with flat roofs. Become part of the design team by asking questions about design criteria, project schedule, and team members.

It is hard to find projects in schematic design because only a few people may be involved at this point and because many projects, particularly commercial ones, are kept quiet to give clients room to maneuver.

3. After schematic design demonstrates how the building will satisfy the owner’s needs, design development determines how the building will be put together. The design team becomes more complex as engineers and consultants get involved. Designers will refine floor plans, size the building systems, check building code requirements, and address coordination problems.

Many products are selected at this time, especially where the selection affects the design of other systems. Some brands may be specified, but most product decisions are still generic. For example, if brick was indicated in the schematic design, the architect will now determine whether the walls are thin brick cladding, brick veneer, or load-bearing masonry. If you have already established yourself as a resource, you may be invited to help make these decisions.

4. The construction documents phase completes the design and preparation of detailed drawings. Products are selected by brand or performance and specifications are written. The architect expends at least 40% of his effort is during this phase, and additional staff and consultants become part of the project team.

You must be able to speak to each team member in his own language. Discuss details with the job captain, pricing with the cost estimator, warranty and delivery with the project manager, energy efficiency with the mechanical engineer, finishes with the interior designer, and product performance with the spec writer.

5. The team that worked on the construction documents begins to break up as soon as a project enters the bidding or negotiation phase. The individuals who chose your product may be reassigned to new projects or even laid off. Just a core group remains to take questions from bidders and to prepare addenda. It is very important that these individuals understand how your product contributes to the job’s success because they are in a position to accept or reject substitutions proposed by bidders.

Bidders are now part of the design process and bring issues like pricing, delivery, and installer preference into sharp relief. I have seen salespeople struggle to get named in the specs but lose the sale because they neglected to sell the bidder. Be aware of the project’s bidding instructions regarding bid submittal, substitution procedures, and other requirements.

6. Contractors require your primary attention during construction contract administration because they can actually write an order. But do not forget the architect. He can still accept substitutions or negotiate your product out of the job should a budget overrun occur.

The architect’s contract administrator or construction observer may not have been a part of the design team until now and may not know why your product was selected or how it is expected to perform. Try to enlist him as an ally. Tell him what to watch for in the shop drawings and on the jobsite. Remember, too, that the draftsmen who detailed your product do not have many opportunities to see construction. Arrange jobsite visits so they can see and handle your product in person.

7. A satisfied customer is your best advertisement. So use the post-construction phase to consolidate your relationship with the architect and to lay the groundwork for future sales. Also, be sure the building owner or occupant understands how to use and maintain your product. Be responsive to complaints.

Do a six-month or one-year follow- up inspection and report your findings to the architect. Contact design team members who have lost touch with the project. They will appreciate learning about problems encountered during construction and how you helped solve them.

Take job photos and put them in your three-ring binder in the architect’s office. This will remind the staff that their firm has used the product in the past and can confidently consider it again.

As a project moves from phase to phase, the architectural personnel assigned to the project may change. Projects are often handed over with little communication or documentation about product selection decisions. You must be alert to these changes and make sure that new team members understand why your product has been considered. Be on guard, too, for fast-track construction or other scenarios that affect project phasing.

So when is the best time to make sales calls? There is no one best time. Each project phase presents sales opportunities. A useful exercise would be to analyze the types of decisions made in each phase and how they can affect your product. Get used to asking architects, “What phase of architectural service is this project in?”

It would be ideal if you could call on an architect before a project is identified and then shepherd your product through each phase. This may be practical if you can justify frequent contacts with a particular architectural firm, but most salespeople have to target more selectively.

Your strategy will depend on many factors, including your personal style, the opportunities at a particular architectural firm, and your company’s marketing plan. Some suppliers use salespeople just to answer questions or take orders. But others want them to establish stronger relationships with architects. By doing so, you can shape your prospects’ attitude towards your product and guide them through design and construction to assure a successful sale.

Have a question you'd like us to answer?
Send an email to michaelchusid@chusid.com 

By Michael Chusid, Originally published in Construction Marketing Today, ©1992

I am the Victim of a Substitution

Is beauty just skin deep?
As an architect and a Certified Construction Specifier, I have spent most of my professional career trying to write clear and enforceable specifications. And as a consultant to building product manufacturers, I teach classes on how to avoid becoming the victim of substitution abuse – providing sales and engineering support to a designer only to see a competitor take the work with a product of inferior quality. Surely, with so much insight into the problem of substitutions, you might think I would be immune from them.

Think again.

I am writing this while sitting on my new bedroom floor. It is not the floor I specified, but it is the floor I have now bought.

Listen to my tale, and perhaps we can learn some lessons from it.

There is a stereotype that architects live in pristine homes that reflect good taste and a high sense of culture. But I count myself among members of my profession that have, shall we say, “different” standards. Perhaps it's because we can live vicariously through the award-winning projects we design for others. Or perhaps it's a profession that attracts individuals that are, shall we say, “different.” I really could be quite content to live in a cave. So long as the roof doesn’t leak and there are no immediate threats to life or property, my wife’s pleas to redecorate the house keep moving to the bottom of the list of how I want to spend my non-working hours and limited discretionary funds.

But she was insistent about this project. She was trying to refinance the house to get a lower interest rate, and after months of paperwork and negotiations, the lender finally sent an appraiser. The appraiser apparently did not notice that we still haven’t fixed the cracks from an earthquake fifteen years ago, or that the hillside on which we reside is rapidly succumbing to gravity. But we did get red tagged for not having flooring in the bedroom.

The caveman does not understand this because he thinks the douglas fir plywood and slab on grade – exposed seven years ago when we finally got rid of the cat-stained shag carpet from the 1960’s – is beautiful. My wife, the psychologist, suggests this has something to do with the unfinished starter home that was all my parents could afford when I was six years old, but to me cold pavement and splinters are some of the simple joys of life.

My wife got the name of someone that works cheap. He showed up with samples of a laminate floor that he said was Pergo, and gave us a great price “if you pay cash.” I know the Pergo brand and submitted to my wife’s insistence that the work proceed the very next day to meet the mortgage company deadline.

When Mr. Low Bid arrives, the boxes he carries in are labeled “Castle Material,” not Pergo. It took more than a little explaining before he understood that “Pergo” is a brand, not a generic term of laminate flooring. But he insists that it is “even better” than Pergo.

Pretending I know something about construction contract administration, I call Castle to ask for their performance data, which most emphatically is not on their website. The gentleman I spoke with at Castle agreed with Mr. Bid, “Oh yes, it's better than Pergo. It is class AC3.” To my continued prodding, he says the material is made somewhere in China, that he has no test data, and he doesn’t know who publishes the AC3 criteria or what they are. But he reassures me we should be able to get a 30 year warranty from the distributor.

I noted that the cartons have the logo of the National Hardwood Floor Association (NHFA), and decide to call them. I was not surprised to learn that Castle Flooring’s membership had lapsed, and that the NHFA only publishes standards for solid hardwood flooring, not for laminate flooring.

So I call the distributor. He concurs, “Oh yes, Castle is even better than Pergo,” but he does not have any test data or know what the criteria are for AC3. When asked about installation instructions, he says they are included inside each carton. (They weren't.) But he did fax a copy of the warranty to me – a NHFA form that has nothing to do with laminate flooring.

A bit of research online identifies that AC3 might refer to a standard published by the Association of European Producers of Laminate Flooring (EPLF). But their classification that best match the performance claimed by Castle, the distributor, and Mr. Bid is “23”, not “AC3”. I would feel comfortable with rating 23, which covers abrasion resistance, impact resistance, resistance to staining, resistance to cigarette burns, effect of a chair caster, and the thickness swelling of the flooring. But no one in the supply chain can tell me anything about these criteria.

Mr. Bid offers to take exchange the Castle Material for real Pergo at no upcharge. But I doubted this since I had already priced Pergo and knew that the wholesale price for materials is several times greater than the installed price he quoted. Delaying the project while he gets new materials also means we would lose his window of availability and we would miss the deadline for the appraiser’s return visit and jeopardize months of negotiation with the lender.

So like a good caveman, I grunt that I have to go to work, and capitulate to Mr. Bid. And I leave home without thinking to review how he was going to handle details at the steps in the room. (Big mistake on my part.)

So now I have a floor of questionable quality that emits odors that irritate my eyes. But my wife thinks it looks great and it is installed in time for the appraiser’s return visit.

As for me, I’ll just go back to my cave and wait for the hillside to collapse.

Lessons learned:

Have a written contract that includes things like cleaning up after the work.

Write a specification or use a data sheet that clearly establishes acceptable products and quality.

If you do not know the contractor’s craftsmanship, look at projects the firm has done or work out the details in advance.

Verify that the installer has a license and insurance.

Listen to your wife when she first says it is time to decorate.

Maybe your sales rep shouldn't be local?

New research suggests that you may be more successful if you conduct your negotiations over long distance rather than nearby. If further research validates the findings and shows broader applicability, it could suggest new strategies for conducting sales negotiations. For example, it may be better negotiate via long distance instead of from across town.

Note that this research does not compare distance negotiations to face-to-face negotiations. However digital technologies are increasing the amount of negotiation done at a distance. 

According to a press release from The University of Texas:
Adding physical distance between people during negotiations may lead to more mutually beneficial outcomes...  Psychologist Marlone Henderson examined how negotiations that don't take place in person may be affected by distance. He compared distant negotiators (several thousand feet away) with those who are nearby (a few feet away) in three separate studies. While much work has examined the consequences of different forms of non-face-to-face communication, previous research has not examined the effects of physical distance between negotiators independent of other factors. 
"People tend to concentrate on higher priority items when there is more distance between them by looking at issues in a more abstract way," says Henderson. "They go beyond just thinking about their pursuit of the options presented to them and consider higher-level motives driving their priorities."
Stay tuned for more developments.