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The Commercial Manager

This book fills an important gap with expert, practical advice.
“His experience in the cut and thrust of business has given him great understanding and balance.” John Craen, previously MD, ITT Defence


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The Commercial Manager is the complete handbook for practitioners across all sectors of commerce and industry and covers every aspect of this multi-faceted role.

Commercial management covers a large range of different and crucial functions including contract negotiation, procurement, financial management, risk management, project management – and yet until now the subject has rarely if ever been treated as a single ‘discipline’. This book fills that important gap.

Written by authors with wide practical experience, The Commercial Manager offers expert, accessible and practical guidance on all the legal, commercial and planning aspects of this crucial management role.

  • Part One covers commercial awareness and relationships, the contract and negotiation techniques.
  • Part Two explores techniques of risk management
  • Part Three provides expert advice on planning and project management.

It will serve as an indispensable handbook for managers in both the private and public sectors.

Who will benefit from this expert publication?

  • Commercial directors and managers
  • Contract directors and managers
  • Business development directors and managers
  • Sales and marketing directors and managers
  • Commercial engineers
  • Procurement and purchasing managers


Contents overview

1 Commercial Awareness
2 The Contract
3 Contract Performance
4 Commercial Relationships
5 Negotiation

6 Principles of Commercial Risk Management
7 Post-delivery Risk

8 Planning a Project
9 Building a Team
10 Project in Progress


1 Commercial awareness

  • Profit
  • Cash
  • Order book
  • Intellectual property
  • Contracts
  • Business analyses

2 The contract

  • Law
  • What is a contract?
  • Contract types
  • Contract formation
  • Types and formation of contracts – why worry?
  • Early lessons
  • The terms of a contract
  • If things go awry
  • Legal remedies
  • Breach and damages – who cares?
  • The Sale of Goods Act
  • Product liability
  • Contract negotiation
  • The content of the contract
  • Layout of a contract
  • Contract requirements
  • Bringing the contract into effect
  • Intentions to purchase and instructions to proceed
  • Changing the contract

3 Contract performance

  • ‘Boiler plate’ terms
  • Seller and buyer obligations
  • Price
  • Payment
  • Delivery and the passing of property and risk
  • Acceptance and rejection
  • Inspection

4 Commercial relationships

  • Competition law
  • Confidentiality
  • Suppliers and subcontractors
  • Purchasing, procurement, buying and outsourcing
  • Procurement – benefits and risks
  • Prime contractors and subcontractors
  • Partnerships and partnering
  • Consortia and joint venture companies
  • Preliminary agreements
  • Full agreement
  • Ancillary agreements
  • Multi-party agreements
  • Licences
  • It’s a ‘people thing’!

5 Negotiation

  • Who are the negotiators?
  • What is negotiation?
  • Prior events
  • Purpose and importance
  • Serious matters
  • Preparation
  • The negotiation plan
  • Follow the leader
  • Questions and information
  • Rough and tumble
  • Win/win
  • That ‘people thing’
  • Examples


6 Principles of commercial risk management

  • Taking a risk
  • Commercial risk management
  • The risk pendulum
  • Risk bearing, risk sharing
  • Partnership sourcing and partnership contracting
  • Approaches to partnership contracting
  • Exclusion clauses
  • Insurance
  • Customer characteristics
  • Company culture

7 Post-delivery risk

  • Is there life after delivery?
  • Key contractual milestones
  • Residual obligations and risks
  • Pricing
  • Account management
  • The do’s and don’ts of post-delivery risk


8 Planning a project

  • Dependencies
  • Flowcharts
  • Work breakdown structure
  • Networks
  • Gantt charts
  • Choosing your software
  • Schedules and milestones
  • Budgets for projects
  • Preparing estimates
  • The project plan

9 Building a team

  • What makes a team?
  • Team roles
  • Team dynamics
  • Communicating with your team
  • Working within the organization

10 Project in progress

  • Monitoring a project
  • Progress reports
  • Building in quality
  • Working with stakeholders
  • Leading people through change
  • Dealing with problems


‘Tim Boyce has the highest command of the commercial domain.’

John Craen, variously MD of ITT Defence, Thorn EMI Defence and Plessey Military Communications

The authors

Tim Boyce has been involved in contract management for over 20 years. He began his career in the Ministry of Defence holding executive positions in contracts, contracts policy and finance. His industrial career began at Plessey in 1980 after which he enjoyed appointments with Siemens, British Aerospace and as commercial director at BAE Systems. His functional responsibilities have included contracts, commercial, procurement, estimating, legal, project accounting and the implementation of the European Business Excellence Model.

He is a former member of the Chartered Institute of Purchasing and Supply (CIPS). His committee work included the CIPS National Contracts Management Committee, the CBI Contracts panel, the CBI Defence Procurement Panel and the CBI/MoD working groups on partnering and incentive contracting. He was the CBI observer at the HM Treasury Central Unit on the Purchasing Working Group on incentivising industry. In 1997 he was invited by the Director General of the CBI to join the CBI Public Private Partnership Forum. He has lectured widely in the UK and the US.

Cathy Lake is an experienced Project Manager and author.

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eBook ISBN-13: 9781854184221
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