THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: July 12, 1995 02:38 PM Wednesday; Rod Welch

Received call from Anne re contacting UPR on using Welch and SDS.

1...Summary/Objective
.....UPR Obligation 1st Trial
.....UPR Obligation 2nd Appeal
2...Notice Procedures for Internal Management
3...Scope of Presentation
4...Partnering Speaker


..............
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CONTACTS 
0201 - Knecht, Haley, Lawrence & Smith    415 896 6930 fax 0818
020101 - Ms. Anne M. Bevington, Esquire

SUBJECTS
Pier 11 Fender project
Send product information, requesting give
Construction (DPB); Legal Firms; Bonding Companies

0805 -    ..
0806 - Summary/Objective
0807 -
080701 - Follow up ref SDS 13 0000, ref SDS 11 0000.
080702 -
080703 - Submitted obligations spreadsheet file to KHLS via ref DIT 1 0000.
080704 - Included this record and diary at ref SDS 1 0000.
080705 -
080706 -
080707 -  ..
0808 -
0809 -
0810 - Anne called back
0811 -
081101 - Anne said UPR does not want to meet to hear about Communication
081102 - Metrics, per our discussion in June, ref SDS 11 3960, and in March at
081103 - ref SDS 6 0000.
081104 -
081105 -     UPR feels my recommendation to improve earnings by using Welch and
081106 -     SDS at ref DIP 1 0000, submitted at ref SDS 6 0000, should not be
081107 -     implemented.
081108 -
081109 -     I am little a suprised UPR would not want to learn about
081110 -     Communication Metrics, even if it elects not to use Welch.  How
081111 -     will they deal with the New World Order..., which Anne seemed to
081112 -     have found cogent when we discussed her review the other day....
081113 -     ref SDS 4 0000.
081114 -
081115 -  ..
081116 -
081117 - Anne said UPR will extend our agreement as discussed in her 950315
081118 - letter, ref DRP 1 0000, for another 2 years, which will evidently be
081119 - to the end of 1997.  They want another letter agreement on this. She
081120 - has reviewed the obligations statement submitted with our tax return
081121 - ref DIP 1 0000, and needs to know the formula used to calculate the
081122 - interest.  She wants to prepare the letter with the obligation
081123 - projected to the end of the agreement term, assuming no interim
081124 - payments.
081125 -
081126 -     I will submit this to her tomorrow.
081127 -
081128 -
081129 - Prepared ref DIT 1 0000 and copied the spreadsheed file ref OF 1 0000
081130 - which was prepared at ref SDS 5 4005, to a disk to submit. The letter
081131 - explains how to use the file.
081132 -
081133 -     [See follow up at ref SDS 15 0000.]
081134 -
081135 - Reviewed considerations for determining the amounts shown in the
081136 - obligations spreadsheet for UPR, at ref SDS 1 3068.
081137 -
081138 -
0812 -
0813 -
0814 - Comments
0815 -
081501 - There are two entries for UPR.
081502 -
081503 -     UPR Obligation 1st Trial
081504 -
081505 -     This is shown on line 1.  The date 831202 appears to come from a
081506 -     UPR statement submitted to show the status at the time of
081507 -     advancing expense funds for the 2nd trial, when Belli was hired,
081508 -     ref SDS 1 3009, and ref SDS 1 4870.
081509 -
081510 -     The interest column is computed by including a fixed amount of
081511 -     $95,581.61, which may reflect the interest owed prior to 831202,
081512 -     again based on UPR's submission at that time. see ref SDS 1 4870
081513 -
081514 -
081515 -     UPR Obligation 2nd Appeal
081516 -
081517 -     This obligation is shown on line 11.  The date of 871130 comes
081518 -     from discussions with Ed Traille, ref SDS 1 3089.  The principal
081519 -     amount comes from a discussion with Norah at KHLS, per ref SDS 1
081520 -     3989.
081521 -
081522 -
081523 -
081524 -
0816 -

SUBJECTS
PMI Event Program, Planning, Speakers, General
Themes, Nov, Notice - Internal/External
Content, Notice/Contract/Law, Partnering
Contract Disputes

1407 -
140701 -  ..
140702 - Notice Procedures for Internal Management
140703 -
140704 - Follow up ref SDS 14 7777.
140705 -
140706 - Decided to add a subject under theme for considering the use of notice
140707 - procedures for internal projects, as a way to treat the growing
140708 - disallusionment with Project Management, per ref SDS 12 2955.
140709 -
140710 - We could present this in the opening conference as a way to treat the
140711 - error in the published PMBOK standards on communication, discussed at
140712 - ref SDS 9 4009, and earlier with Bill Duncan at ref SDS 7 5499.
140713 -
140714 - Initially, we considered presenting soft stuff like Covey, but Anne or
140715 - someone should explain notice as well, ref SDS 10 0958.
140716 -
140717 - The tension between duty to give notice, ref SDS 12 6859, and desire
140718 - to avoid conflict through "partnering" could be presented, see for
140719 - example ref SDS 2 5689.
140720 -
140721 -
140722 - Scope of Presentation
140723 -
140724 - Why did contracts evolve and what is the role of notice provisions?
140725 - Are there any comparable procedures for internal operations?  If not,
140726 - should mission critical projects be done by contract so notice
140727 - provisions are available?  Anne might be able to offer guidance on how
140728 - notice is applied and viewed by the courts in the age of the
140729 - Information Highway.  She might also discuss how the courts view
140730 - notice in relation with changes implied by conduct where "partnering"
140731 - is used.  How does this work out?  Any law on it?
140732 -
140733 -
140734 - Partnering Speaker
140735 -
140736 - Might contact Bill Reiner about doing a short presentation on
140737 - partnering, similar to the one he did for ASPE. ref SDS 2 9848.
140738 -
140739 - I talked to Bill at ref SDS 3 0000.
140740 -
140741 -
Distribution. . . . See "CONTACTS"