‘Customer collaboration over contract negotiation’ and #NoEstimates

Faust and Mephistopheles

Since my last post on #NoEstimates, the conversation has taken an interesting turn. Steve McConnell weighed in on July 30th, with a response from Ron Jeffries on the following day. There have been several posts from each since, with the latest from Jeffries titled “Summing up the discussion”. In that post, he states the following (emphasis added):

The core of our disagreement here is that Steve says repeatedly that if the customer wants estimates, then we should give them estimates. He offers the Manifesto’s “Customer collaboration over contract negotiation”1 as showing that we should do that. (It’s interesting that he makes that point in a kitchen where surely he expects that the couple and the contractor(!) are going to negotiate a contract.)

To anyone who has been even minimally involved with business, the idea that a contract will be negotiated should not a surprise, no matter how agile the provider. In spite of his footnote warning “I confess that I am singularly unamused when people bludgeon me with quotes from the Manifesto”, I have to note that the Agile Manifesto does say “…while there is value in the items on the right, we value the items on the left more” rather than “only the items on the left have value”.

In the post, Jeffries says that in an agile transformation, the “…contractor-customer relationship gets inverted”. I have to confess that the statement is a bit baffling. A situation where “the customer is always right” can certainly degrade into a no-win scenario. Inverting that relationship, however, is equally bad. Good, sustainable business relationships should be relatively (even if not perfectly) balanced. Moving away from minutely detailed contracts that prevent any change without days of negotiation just makes sense for both parties. Eliminating all obligation on the part of the provider, however, is a much harder sell.

Jeffries asserts that “Agile, if you’ll actually do it, changes the fundamental relationship from an estimate-commitment model to a truly collaborative stream of building up the product incrementally.” If, however, you fail to meet your customer’s needs (and, as I pointed out in “#NoEstimates – Questions, Answers, and Credibility”, one of the best lists of why estimates are needed for decision-making comes from Woody Zuill himself), how collaborative is that? Providing estimates with the caveat that they are subject to change as the knowledge about the work changes is more realistic and balanced for both parties. That balance, in my opinion (and experience) is far more likely to result in a collaboration between customer and provider than any inversion of the relationship.

Trust, is essential to fostering collaboration. If we fail to understand our customers’ needs (which impression is given when we make statements like that in the tweet below), we risk fatally damaging the trust we need to create an effective collaboration.

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2 thoughts on “‘Customer collaboration over contract negotiation’ and #NoEstimates

  1. If the product or service is not off-the-shelf (for any reason) it becomes necessary to explore custom-design and making / delivery of such product or service. So both the customer and supplier know that things are not certain / assured but each has limits on the flexibility time of trials, delivery and quality of the product / service involved.

    The sprit of collaboration is desirable but time, effort and costs beyond limits (tacit or explicit) still need negotiation and contract helps in making things explicit.

    In practice, both parties compromise if contention is likely to be bitter and costly compared to the gains of enforcing contract (Agile or non-Agile)

    25AUG15

    Like

  2. Pingback: Negotiating Estimates | Form Follows Function

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