There are five key steps to improving efficiency: • Identify (define) what process needs improving • Measure the problem • Analyse your information • Improve the process • Control, ie embed the new process so it becomes business as usual Management consultants often refer to this is as the DMAIC framework. This Practice Note guides you through step 3, ie analysing the causes of the problem you identified in step 1 and will develop the case study followed in Practice Notes: Step 1—Identify and define the problem and Step 2—Measure the problem. That case study relates to a hypothetical organisation’s due diligence process. This part of the process requires you to analyse the information you have collated to determine the causes and move on to generating possible solutions. Specifically you will now need to: • analyse the root cause • prioritise the issues • explore and evaluate a range of solutions Analyse the root cause Once you have all of the measures in place the next step

There are five key steps to improving efficiency: • Identify (define) what process needs improving • Measure the problem • Analyse your information • Improve the process • Control, ie embed the new process so it becomes business as usual Management consultants often refer to this is as the DMAIC framework. This Practice Note guides you through step 4, ie improving the problem you identified in step 1 have now measured and analysed. This Practice Note will develop the case study followed in Practice Notes: Step 1—Identify and define the problem, Step 2—Measure the problem and Step 3—Analyse what’s causing the problem. That case study relates to a hypothetical organisation’s due diligence process. Making the improvement Once you have selected which issue you will tackle first, you need to begin the task of making improvement. One model for approaching this is the ‘5 S’s’ model. The table below takes you through the process of addressing the issue of standard client letters which we identified during our analysis in step 3. Sort Identify necessary

There are five key steps to improving efficiency: • Identify (define) what process needs improving • Measure the problem • Analyse your information • Improve the process • Control, ie embed the new process so it becomes business as usual Management consultants often refer to this is as the DMAIC framework. This Practice Note guides you through step 5, ie embedding the changes to solve the problem you identified in step 1 and have now measured, analysed and improved. This Practice Note will develop the case study followed in Practice Notes: Step 1—Identify and define the problem, Step 2—Measure the problem, Step 3—Analyse what’s causing the problem and Step 4—Improve the process. That case study relates to a hypothetical organisation’s due diligence process. John P Kotter's eight stage process There are many different theories about how to implement change within an organisation but perhaps the best known and most often referred to is John P Kotter’s eight stage model. The eight stages follow a logical process for embedding change and

There are five key steps to improving efficiency: • Identify (define) what process needs improving • Measure the problem • Analyse your information • Improve the process • Control, ie embed the new process so it becomes business as usual Management consultants often refer to this is as the DMAIC framework. This Practice Note guides you through step 6, ie controlling the problem you identified in step 1 and have now measured, analysed and improved. This Practice Note will develop the case study followed in Practice Notes: Step 1—Identify and define the problem, Step 2—Measure the problem, Step 3—Analyse what’s causing the problem, Step 4—Improve the process and Step 5—Making changes across the organisation. This Practice Note focuses on the individual emotional impact of change and what you can do to engage with people and involve them in the process. Managing change When faced with change people may react in many different ways, this can depend on factors such as: • is the change their choice or is it being imposed upon them? • how

There are five key steps to improving efficiency: • identify (define) what process needs improving • measure the problem • analyse your information • improve the process • control, ie embed the new process so it becomes business as usual Management consultants often refer to this is as the (define, measure, analyse, improve and control) DMAIC framework. This Practice Note guides you through step 7, ie controlling the problem you identified in step 1 and have now measured, analysed and improved. This Practice Note focuses on the importance of measuring the impact of the changes you have made to demonstrate levels of success. Construct a simple control chart Control charts can become complex and deeply mathematical but in their simplest form they allow you to keep an eye on how things are progressing: • control charts allow you to determine the stability of a project over a period of time • they do this by identifying upper and lower control

Rights for a third party, most commonly a funder, to step in to a contract and take over a development in order to complete it if the employer becomes insolvent or is otherwise in default. Usually contained in a collateral warranty.

This Checklist sets out the key issues to consider when drafting or reviewing step-in (or ‘substitution’) provisions in a collateral warranty. See Practice Note: Step-in rights in a collateral warranty. The terms ‘contractor', 'beneficiary' and ‘building contract’ are used, but the principles apply equally to a collateral warranty from a sub-contractor or consultant provided pursuant to their sub-contract or appointment. • Which collateral warranties typically have step-in rights? Step in rights are a standard feature in the following warranties: ◦ collateral warranty provided by a contractor to a funder or, in some circumstances, to a forward purchaser ◦ collateral warranty provided by a sub-contractor or consultant to the employer ◦ collateral warranty provided by a sub-contractor or consultant to a funder • Is this the only collateral warranty for this project which grants step-in rights? If step-in rights will be included in more than one collateral warranty relating to the project, each must contain a provision setting out an order of priority to determine whose step-in rights take precedence. An additional provision is also required

This flowchart is an example of the step-in rights process that may be contained in a collateral warranty. The

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information means any and all confidential information (whether in verbal, written or electronic form), including technical or other information imparted in confidence or disclosed by one party to the other, or otherwise obtained by one party relating to the other’s business, finance or technology, know-how, intellectual property, assets, strategy, products, services, customers, former customers, clients and former clients, including without limitation information relating to any person, firm or organisation associated with that party; Control means that a person owns directly

Note: This clause uses the following defined terms which are already included in the Lexis+® UK Precedent Property development agreement: ’Developer’, ‘Owner’, ‘Property’, ‘Working Day’ and ‘Works’. Additional definitions are included below. 1 Funder’s step-in rights 1.1 [In this clause 1, the term Funder means any lending institution to whom the Owner charges its interest in this Agreement or the Property as security for the provision of finance which enables the Owner to fund the cost of: 1.1.1 acquiring, clearing and preparing the

1 The Contractor agrees that it will not without first giving the Beneficiary not less than [twenty-eight (28)] days’ notice in writing exercise any right it may have to terminate the Building Contract or to treat the same as having been repudiated by the Employer or to discontinue the performance of any obligations to be performed by the Contractor under the Building Contract. The Contractor's right to terminate the

This Precedent is a step-in rights clause to be included in a third party rights memorandum in favour of a beneficiary (eg purchaser, tenant, funder) from a consultant or contractor. These rights are granted under the Contracts (rights of Third Parties) Act 1999 (C(RTP)A 1999) rather than by the use of a collateral warranty. An optional priority of step in clause is included, to be used to give one beneficiary priority of step in over other beneficiaries with step in rights—this is often required by funders. Step-in rights from consultant or contractor—third party rights memorandum 1 The [Consultant OR OR Contractor] warrants and agrees that it will not without first giving the Beneficiary not less than [twenty-eight (28)] days notice in writing exercise any right it may have to terminate the [Appointment OR Building Contract] or to treat the same as having been repudiated by the Employer or to discontinue the performance of any obligations to be performed by the [Consultant OR Contractor] under the [Appointment