Preparing for a Contract Negotiation

Employer Claims and Conditions Precedent When we think of time bars in construction and engineering contracts, we’re usually concerned with gateways that a contractor’s claim must go through before it will have a contractual entitlement to an EOT, additional payment etc. It’s logical for contracts to contain provisions setting out how a contractor must go about making claims, but there’s usually fierce debate about whether a failure by the contractor to follow the letter of the contract should debar an otherwise meritorious claim. Something that we don’t consider as much is employer claims against contractors, and whether they too can be defeated on the basis of the employer not having notified or made its claim in accordance with the contract. An English Court of Appeal decision from last Friday (https://lnkd.in/eD5RgCjS) considers this very issue, and decided that an employer wasn’t able to recover LDs for late performance by a contractor in an IT contract. The relevant contract clause provided that “if” the contractor was running late, the employer “shall promptly issue a Non-conformance Report” to the contractor, following which LDs could be recovered. Here, the employer failed promptly to issue an NCR. The Court of Appeal held that this was a condition precedent to the employer being entitled to recover LDs (to the tune of £1.6m), therefore LDs were irrecoverable. The provision under consideration wasn’t one that is commonly found in construction and engineering contracts, but it highlights the ways in which employers too may be caught by conditions precedent and time bars that aren’t clearly headlined as being of that nature. Closer to the construction and engineering world, it was almost 10 years ago when the Privy Council decided (https://lnkd.in/egtig7vq) that an Employer’s Claim under Sub-clause 2.5 of the FIDIC Red Book (1999) had to be notified “as soon as practicable after the Employer became aware of the event or circumstances giving rise to the claim “(per the Sub-clause), failing which the Employer’s Claim was time barred. I strongly suspect that, in both cases, the drafters of the contracts (assuming they were on the employer’s side) had failed to scrutinise the contracts for all potential conditions precedent / time bars to employer claims being made. Failing to do so can mean inadvertently setting a trap for oneself…

Conflict is inevitable. How we manage it is both an art and a science. In my work with executives, I often discuss Thomas Kilmann's five types of conflict managers: (1) The Competitor – Focuses on winning, sometimes forgetting there’s another human on the other side. (2) The Avoider – Pretends conflict doesn’t exist, hoping it disappears (spoiler: it doesn’t). (3) The Compromiser – Splits the difference, often leaving both sides feeling like nobody really wins. (4) The Accommodator – Prioritizes relationships over their own needs, sometimes at their own expense. (5) The Collaborator – Works hard to find a win-win, but it takes effort. The style we use during conflict depends on how we manage the tension between empathy and assertiveness. (a) Assertiveness: The ability to express your needs, boundaries, and interests clearly and confidently. It’s standing your ground—without steamrolling others. Competitors do this naturally, sometimes too much. Avoiders and accommodators? Not so much. (b) Empathy: The ability to recognize and consider the other person’s perspective, emotions, and needs. It’s stepping into their shoes before taking a step forward. Accommodators thrive here, sometimes at their own expense. Competitors? They might need a reminder that the other side has feelings too. Balancing both is the key to successful negotiation. Here’s how: - Know your default mode. Are you more likely to fight, flee, or fold? Self-awareness is step one. - Swap 'but' for 'and' – “I hear your concerns, and I’d like to explore a solution that works for both of us.” This keeps both voices in the conversation. - Be clear, not combative. Assertiveness isn’t aggression; it’s clarity. Replace “You’re wrong” with “I see it differently—here’s why.” - Make space for emotions. Negotiations aren’t just about logic. Acknowledge emotions (yours and theirs) so they don’t hijack the conversation. - Negotiate the process, not just the outcome. If you’re dealing with a competitor, set ground rules upfront. If it’s an avoider, create a low-stakes way to engage. Great negotiators don’t just stick to their natural style—they adapt. Which conflict style do you tend to default to? And how do you balance empathy with assertiveness? #ConflictResolution #Negotiation #Leadership #Empathy #Assertiveness #Leadership #DecisionMaking

7 hidden traps in design & construct contracts. That impact contractors profit margins big time ($): Are you signing up for more risk than you realise? Australian D&C contracts contain hidden traps that even experienced contractors miss. Here's what you need to know: 1. The Preliminary Design Trap Principals hand over sketchy, incomplete designs, then contractually wash their hands of all responsibility. Under AS4902, contractors must check these "Project Requirements" despite their preliminary nature, while simultaneously being deemed to have already completed their review before signing. 2. The Unlimited Liability Nightmare You're contractually bound to deliver work that's "fit for stated purpose" with unlimited liability - even when working from someone else's flawed design concept. Miss something in your review? That's entirely your problem. 3. The Deleted Protection Clause Most contracts deliberately delete the clause making principals liable for errors in their PPR. The result? You inherit all their mistakes with zero recourse. 4. The False Assumption Risk Contractors routinely assume preliminary designs were competently prepared - an assumption I've seen proven wrong countless times. Remember: those preliminary sketches weren't made with construction reality in mind. 5. The International Double Standard While FIDIC Yellow Book gives contractors 28 days AFTER commencement to find errors that an experienced contractor wouldn't have discovered, Australian contracts deem you to have ALREADY completed your review at signing. 6. The Post-Contract PPR Modification Even more troubling - some principals modify requirements after contract execution, creating endless variation disputes that drain your profits and timeline. 7. The Zero-Compensation Review Requirement Unless contractors are brought in early (ECI) and paid for the design review upfront, this risk allocation remains fundamentally unjust. You're essentially providing free engineering services while assuming all the risk. Three Essential Safeguards Every Contractor Needs: 1. Commission a comprehensive pre-contract design review by qualified parties 2. Document ALL PPR inconsistencies in writing before signing 3. Push for Early Contractor Involvement with compensated design review Because in Australian D&C contracts, what you don't thoroughly check before signing will almost certainly impact you afterwards. P.S. Need help navigating D&C contract risks? DM me to discuss how to protect your bottom line.

A true story: Last year, I lost a deal I thought I had already won. Everything looked perfect on paper. I walked into the final conversation thinking it was just a formality. It wasn’t. Midway through, the other side said something I still remember: "This works for you, but I don’t know how this works for us internally." The deal collapsed 2 days later. Not because the offer was bad. But because I was negotiating for victory, not sustainability. Recently, while reading about the India–US Interim Trade Agreement, I realised how world-class negotiators think very differently. And surprisingly, these lessons have nothing to do with politics as they apply to salary talks, client deals, vendor contracts, and everyday professional conversations. Here are 3 lessons that changed how I see negotiations: 📌 Downside Protection > Upside Maximisation India didn’t start with “How much can we gain?”They started with “What can we not afford to lose?” Strong negotiators define their red lines first. Once risks are capped, you negotiate with clarity not desperation. Before your next negotiation, ask: 👉 What are my non-negotiables? 👉 What outcome would make this deal not worth it? Sometimes knowing what you’ll walk away from is more powerful than knowing what you want to win. 📌 The “Golden Bridge” Principle The agreement works because both sides can say, “We won.” India gets tariff reductions. The US gets market access. People don’t just need good deals. They need deals they can justify internally. Great negotiations aren’t about overpowering. They’re about designing outcomes where everyone walks away with dignity. 📌 Interim is a Strategy, Not a Compromise We’re obsessed with closing everything instantly. But sometimes the smartest move is: ✔ Pilot projects ✔ Trial collaborations ✔ Short-term agreements ✔ Phased rollouts Sustainable growth is rarely loud. It’s slow, intentional, and well thought out. The best negotiators I’ve seen aren’t aggressive. They’re patient. And they ensure that when the deal ends the relationship doesn’t. What’s one negotiation lesson life or work has taught you the hard way? #indiaUSJointStatement

50 Construction Contract Terminologies Ever felt lost in a construction contract conversation? I’ve been there too. Where terms fly across meeting rooms faster than decisions. So I decided to put together this wall-chart for beginners — not from textbooks, but from the real trenches of contracts and claims management. No jargon. Just plain, useful definitions. Whether you're a Site Engineer trying to understand your first Variation, or a Project Director cross-checking a Termination clause — this one’s for you. Here’s your vocabulary cheat sheet — Save it, share it, train with it. Contract Client Contractor Consultant/PMC Parties LOA (Letter of Acceptance) Commencement Date Time for Completion Taking Over Certificate Performance Security Advance Payment Variation EOT (Extension of Time) Prolongation Cost Clause 20 Notice Contemporary Records Dispute Claim Variation Order (VO) Cost Plus Profit Dispute Adjudication Board Arbitration Amicable Settlement Notice of Dissatisfaction Final and Binding Defects Notification Period Snag List As-Built Drawings Works Client’s Requirements Contractor’s Proposal Shop Drawings Site Commencement Instruction Interim Payment Certificate Force Majeure Sub-Clause Termination Default Indemnity Assignment Notice to Correct Suspension Liquidated Damages (LDs) Subcontractor Bill of Quantities (BOQ) Provisional Sum Retention Money Final Account Payment Schedule Tag your young engineers, interns, or even your own project team. We don’t just build projects. We build understanding too. Was this helpful ? ♻ Share this to EDUCATE your network and stay engaged with Ilamparithi BoologaSundaraVijayan Insights for more! ------------------------------------------------------------------------------------ 📚𝑩𝒐𝒐𝒌𝒔 𝒃𝒚 𝑨𝒖𝒕𝒉𝒐𝒓: 📕Construction Contracts Management for Beginners 📗Construction Contract Claims 📘100 Construction Contract letter Templates: From Contractor to Employer 📒100 FAQS in EPC/Construction Contracts 📓Role of Procurement in EPC 🔗https://lnkd.in/gH4gfkvk ------------------------------------------------------------------------------------- 🚀𝐆𝐞𝐭 𝐘𝐨𝐮𝐫𝐬𝐞𝐥𝐟 𝐄𝐧𝐫𝐢𝐜𝐡𝐞𝐝 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐅𝐚𝐬𝐭-𝐌𝐨𝐯𝐢𝐧𝐠 𝐂𝐨𝐮𝐫𝐬𝐞𝐬!!! 🎓𝐂𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐨𝐧 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐂𝐨𝐮𝐫𝐬𝐞𝐬 📌 Advanced Diploma in Construction Contracts Management (8 hours) 📌 Advanced Diploma in Construction Claims Management (10 hours) 📌 Master Diploma in Construction Contracts & Claims Management (16 hours) 🔗 Register now and learn from the best!  WhatsApp ‪+91 75399 24659‬ | ✉ services@pragmaticpc.com ------------------------------------------------------------------------------------- 📢 Stay updated with our latest insights, updates, and opportunities!  Join my 𝑾𝒉𝒂𝒕𝒔𝑨𝒑𝒑 𝑮𝒓𝒐𝒖𝒑 now to be part of our growing community. Click the link below to join: 🔗 https://lnkd.in/g3-fjAVS

When negotiating, do you think the big wins happen at the table? They don't! The real magic happens before the first word is spoken. Success in 80% of negotiations is due to preparation. It's taking small steps to control the process, foresee challenges, and set small goals. I coached a procurement manager stuck in a deadlock with a supplier. Both sides had drawn firm lines: • The supplier demanded upfront payments. • The procurement team refused. • They feared cash flow issues. For weeks, the talk had gone in circles. It made no progress. When I stepped in, I asked one question: “𝙒𝙝𝙖𝙩 𝙙𝙤𝙚𝙨 𝙩𝙝𝙚 𝙨𝙪𝙥𝙥𝙡𝙞𝙚𝙧 𝙧𝙚𝙖𝙡𝙡𝙮 𝙣𝙚𝙚𝙙?” The team realized the supplier's main concern wasn't money. It was to reduce delivery risks. By focusing on interests, not positions, we found a solution: 𝗔 𝘀𝗺𝗮𝗹𝗹 𝘂𝗽𝗳𝗿𝗼𝗻𝘁 𝗽𝗮𝘆𝗺𝗲𝗻𝘁, 𝗽𝗹𝘂𝘀 𝗺𝗶𝗹𝗲𝘀𝘁𝗼𝗻𝗲 𝗽𝗮𝘆𝗺𝗲𝗻𝘁𝘀 𝘁𝗶𝗲𝗱 𝘁𝗼 𝗱𝗲𝗹𝗶𝘃𝗲𝗿𝘆 𝗽𝗵𝗮𝘀𝗲𝘀. The result? The deal closed in two days, with terms that worked for both sides. That negotiation taught me this: →  Preparation isn't just logical. → It's also strategic and emotional. I'm happy to share here how I prepare for a negotiation: 𝗦𝗲𝘁 𝗦𝗠𝗔𝗥𝗧 𝗴𝗼𝗮𝗹𝘀 𝗳𝗼𝗿 𝗲𝘃𝗲𝗿𝘆 𝘀𝘁𝗮𝗴𝗲. • Be Specific, Measurable, Achievable, Relevant, and Time-bound. • No vague goals like “get the best deal,” aim for concrete outcomes: → Add a long-term partnership clause → Reduce delivery timelines by 10% → Secure flexible payment terms 𝗙𝗼𝗰𝘂𝘀 𝗼𝗻 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁𝘀, 𝗻𝗼𝘁 𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻𝘀. • Ask, why does the other side want this? • When you negotiate based on interests, you create options that meet both parties’ needs. 𝗣𝗿𝗲𝘀𝗲𝗻𝘁 𝗠𝘂𝗹𝘁𝗶𝗽𝗹𝗲 𝗼𝗳𝗳𝗲𝗿𝘀 (𝗠𝗘𝗦𝗢𝘀) • Successful comes with always having options ready. For example: → Offer A: A 5% discount for upfront payments. → Offer B: Standard payment terms and extended service coverage. If you present choices, you reduce deadlock and keep control of the conversation. 𝗨𝘀𝗲 𝗘𝗺𝗼𝘁𝗶𝗼𝗻𝗮𝗹 𝗜𝗻𝘁𝗲𝗹𝗹𝗶𝗴𝗲𝗻𝗰𝗲. 𝗡𝗲𝗴𝗼𝘁𝗶𝗮𝘁𝗶𝗼𝗻 𝗶𝘀𝗻'𝘁 𝗷𝘂𝘀𝘁 𝗹𝗼𝗴𝗶𝗰—𝗶𝘁'𝘀 𝗮𝗯𝗼𝘂𝘁 𝗰𝗼𝗻𝗻𝗲𝗰𝘁𝗶𝗼𝗻. • Practice self-awareness to stay composed under pressure. • Show empathy to build trust. • Use "Feel, Felt, Found" on objections, and it'll guide decisions. Negotiation is like a dance. Both sides need to move in sync, adjusting their steps as they go, to create a harmonious outcome. And the best dances are choreographed long before the music starts. So, what’s been your biggest negotiation breakthrough? Have you ever unlocked a deal by shifting focus from demands to solutions? Found success by preparing better than your counterpart? Drop your story in the comments—I’d love to hear it. Or DM me if this resonates with a challenge you’re navigating. Let’s talk about what works.

Legal doesn’t kill deals. Misaligned expectations do. I’ve been in rooms where you can feel the tension in the air. Sales hesitates to hand a contract to legal, and in-house lawyers silently brace themselves. Every signature feels like a landmine. I’ve heard one in-house lawyer whisper across the table, “I just want to do my job without slowing everything down… but how do I prove I’m being reasonable?” Deals stall. Momentum dies. And everyone -- sales, legal, and leadership -- wonders who’s actually slowing things down. The fear that echoes most often is blunt and human: “If buyers see our terms, they’ll think we’re inflexible or unfair.” Or worse: “What if I approve this and it backfires? What if I look careless?” This is the core of in-house legal leadership: balancing protection with partnership. Protecting the company, yes. But enabling trust and growth? That’s just as critical. That’s where clarity, balance, and courage intersect. Here’s what I’ve learned: contracts aren’t just legal instruments. They’re signals of trust. They can either create friction or accelerate confidence. When your terms are clear, balanced, and independently validated, legal stops being a roadblock. Legal becomes a revenue accelerator. Deals move faster. Buyers feel confident. Teams focus on delivering value instead of defending clauses. It’s not about being soft on risk. It’s about being bold enough to signal fairness, transparency, and reliability before the first redline appears. How are you turning legal from a roadblock into a growth engine? -------- Olga V. Mack Building trust and creating new categories at the intersection of contract intelligence, commerce, and AI. Let’s shape the future together.

You know that sinking feeling… Someone interrupts your carefully prepared presentation with “But what about...?” and raises a point you never considered. Everyone is looking at you, and you feel the weight of the world on your shoulders. In that moment, the idea or solution you’ve been presenting weighs in the balance. Address the resistance well, and your idea will likely be adopted with even more optimism than before. Address it poorly, and your idea is as good as gone. Here’s a quick overview of my “RAP” formula that you can use in these moments to turn blindside objections into “aha” moments. 1. R: Recognize the type of resistance you’re facing: - Logical resistance (conflicting data or reasoning) - Emotional resistance (values or identity challenges) - Practical resistance (implementation concerns) 2. A: Address it proactively in your presentation: - For logical resistance: Acknowledge competing viewpoints before they’re raised. "Some might point to last quarter’s numbers as evidence against this approach. Here’s why that perspective is incomplete..." - For emotional resistance: Connect your idea to their existing values. "This initiative actually strengthens our commitment to customer-first thinking by..." - For practical resistance: Demonstrate you’ve considered the real-world constraints. "I know this requires significant change. Here’s our phased implementation plan that accounts for..." 3. P: Provide a path forward that transforms resistance into alignment: - Give them space to voice concerns (but in a structured way) - Incorporate their perspective into the solution - Show how addressing their resistance actually strengthens the outcome The most powerful thing you can say in a presentation isn’t "trust me", it’s "I understand your concerns." When you genuinely see resistance as valuable feedback rather than an obstacle, you’ll find your ideas gaining traction where they previously stalled. #CommunicationSkills #BusinessCommunication #PresentationSkills

Too many sellers inadvertently lower their status in their attempts to "build rapport" with prospects.  Here's how you gain your prospect's RESPECT in the first 90 seconds of a call: First, let's look at how 90% of sellers try to build rapport: "𝘚𝘰 𝘸𝘩𝘦𝘳𝘦 𝘺𝘢 𝘤𝘢𝘭𝘭𝘪𝘯𝘨 𝘪𝘯 𝘧𝘳𝘰𝘮?" "𝘛𝘰𝘰 𝘣𝘢𝘥 𝘢𝘣𝘰𝘶𝘵 𝘵𝘩𝘦 𝘉𝘪𝘭𝘭𝘴, 𝘩𝘶𝘩? 𝘕𝘦𝘹𝘵 𝘴𝘦𝘢𝘴𝘰𝘯 𝘸𝘪𝘭𝘭 𝘣𝘦 𝘵𝘩𝘦𝘪𝘳 𝘺𝘦𝘢𝘳!" "𝘏𝘰𝘸'𝘴 𝘵𝘩𝘦 𝘸𝘦𝘢𝘵𝘩𝘦𝘳 𝘪𝘯 𝘓𝘈 𝘵𝘰𝘥𝘢𝘺?" ^Sports/Weather/Location based rapport isn't really rapport. It's schmoozing, and your prospect can see through that BS. 𝗧𝗵𝗲𝘆 𝗸𝗻𝗼𝘄 𝘆𝗼𝘂'𝗿𝗲 𝗷𝘂𝘀𝘁 𝘁𝗿𝘆𝗶𝗻𝗴 𝘁𝗼 𝗯𝘂𝘁𝘁𝗲𝗿 '𝗲𝗺 𝘂𝗽 𝗳𝗼𝗿 𝘁𝗵𝗲 𝘀𝗮𝗹𝗲, just like every other seller who talks about the exact same stuff! If you're OK being treated like a run of the mill salesperson, by all means continue to schmooze. For those of us who'd like different results, read on. --- The easiest way to build rapport is to show you respect your prospect's time + know something about their business. You can do this by following the 90 second rule: 𝗦𝗮𝘆𝗶𝗻𝗴/𝗗𝗼𝗶𝗻𝗴 𝘀𝗼𝗺𝗲𝘁𝗵𝗶𝗻𝗴 𝗶𝗻 𝘁𝗵𝗲 𝗳𝗶𝗿𝘀𝘁 𝟭.𝟱 𝗺𝗶𝗻𝘂𝘁𝗲𝘀 𝘁𝗵𝗮𝘁 𝘀𝗵𝗼𝘄𝘀 𝘆𝗼𝘂 𝗽𝗿𝗲𝗽𝗽𝗲𝗱 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗰𝗮𝗹𝗹 𝗮𝗻𝗱 𝗸𝗻𝗼𝘄 𝘀𝗼𝗺𝗲𝘁𝗵𝗶𝗻𝗴 𝗮𝗯𝗼𝘂𝘁 𝘁𝗵𝗲𝗶𝗿 𝗯𝘂𝘀𝗶𝗻𝗲𝘀𝘀. Examples: 1. For health insurance, we might comment on a new location opening: "𝘐 𝘸𝘢𝘴 𝘱𝘳𝘦𝘱𝘱𝘪𝘯𝘨 𝘧𝘰𝘳 𝘵𝘩𝘪𝘴 𝘢𝘯𝘥 𝘴𝘢𝘸 𝘵𝘩𝘦 𝘯𝘦𝘸𝘴 𝘢𝘣𝘰𝘶𝘵 𝘵𝘩𝘦 𝘯𝘦𝘸 𝘣𝘳𝘢𝘯𝘤𝘩 𝘰𝘱𝘦𝘯𝘪𝘯𝘨 𝘪𝘯 𝘚𝘤𝘳𝘢𝘯𝘵𝘰𝘯. 𝘐𝘴 𝘵𝘩𝘢𝘵 𝘺𝘰𝘶𝘳 3𝘳𝘥 𝘯𝘦𝘸 𝘰𝘱𝘦𝘯𝘪𝘯𝘨 𝘵𝘩𝘪𝘴 𝘲𝘶𝘢𝘳𝘵𝘦𝘳?" ^New office = more employees who are going to need insurance. -- 2. For our Club Pass sales training program, we'll might comment on something we read on a job posting for an AE: "𝘋𝘢𝘯, 𝘐 𝘸𝘢𝘴 𝘳𝘦𝘢𝘥𝘪𝘯𝘨 𝘵𝘩𝘦 𝘰𝘱𝘦𝘯 𝘑𝘋 𝘺𝘰𝘶 𝘢𝘭𝘭 𝘩𝘢𝘷𝘦 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘌𝘕𝘛 𝘈𝘌 𝘱𝘰𝘴𝘪𝘵𝘪𝘰𝘯. 𝘗𝘳𝘦𝘵𝘵𝘺 𝘤𝘰𝘰𝘭 𝘵𝘰 𝘴𝘦𝘦 𝘺𝘰𝘶'𝘳𝘦 𝘭𝘰𝘰𝘬𝘪𝘯𝘨 𝘵𝘰 𝘦𝘹𝘱𝘢𝘯𝘥 𝘪𝘯𝘵𝘰 𝘥𝘪𝘧𝘧𝘦𝘳𝘦𝘯𝘵 𝘷𝘦𝘳𝘵𝘪𝘤𝘢𝘭𝘴 𝘣𝘦𝘺𝘰𝘯𝘥 𝘫𝘶𝘴𝘵 𝘴𝘦𝘯𝘪𝘰𝘳 𝘭𝘪𝘷𝘪𝘯𝘨 𝘤𝘰𝘮𝘮𝘶𝘯𝘪𝘵𝘪𝘦𝘴. 𝘏𝘰𝘸'𝘴 𝘵𝘩𝘢𝘵 𝘨𝘰𝘪𝘯𝘨?" ___ To be clear, there's nothing wrong with bonding over a shared love of the Buffalo Bills, but let that be the cherry on top to your demonstration of prep + respect for their time, not the only way you build rapport. 

No one ever tells you that the hardest objections to overcome are the ones you never hear. These silent objections kill deals. They are doubts, hesitations, and unspoken concerns that go unaddressed. Prospects don’t feel comfortable sharing them. Maybe they don’t trust you yet. Maybe they don’t want to hurt your feelings. Maybe they’re comfortable with the current way. Maybe they worry about how change could affect their standing. The best salespeople don’t wait for concerns to be voiced. They bring them up first. “It feels like you might be wondering if this is worth switching for.” “It seems like staying with what you have feels like the safer option right now.” “It sounds like you’ve seen similar solutions that didn’t work out.” “You might be wondering what happens if this doesn’t work and it reflects on you.” When you name the unspoken, you make it easier for prospects to open up. Chris Voss calls this labeling, giving a name to what someone is feeling so they feel understood. If you guess wrong, people will correct you. If you’re right, they’ll confirm. Either way, you unlock more truth. When people feel understood, they are more likely to share what is really on their mind. No truth, no transaction.