04 Jun 2019   |    Views : 473     |      |   

Introduction

This highly interactive seminar focuses on how your organization can minimize its exposure to risk, reduce costs and the potential for disputes by discussing the key aspects of understanding, drafting and negotiating contracts.  It identifies how clear and concise drafting can produce greater efficiencies in your organization.   It also features how to monitor and manage performance failures, and provides tools, tips, and techniques on effective resolution of disputes to minimize cost and reputational risk exposure to your organization.

Skilled negotiators can help not only to minimize risk and increase profit for your organization but can also set the foundation for long and mutually beneficial relationships. This seminar provides practical guidance and key strategies and techniques to appreciably enhance your ability to negotiate more favorable contracts and to better negotiate solutions to disputes that may arise.

Program Objective

No contract will be successful unless it is underpinned by sound contract management and administration. More often than not it is the support team involved in the background of a contract that ensures it is a success.

This course will help you to understand how the effective drafting & management of a contract can deliver the goals it set out to achieve.

 

This course is appropriate to a wide range of professionals but will greatly benefit

  • Project and General Management
  • Contracts administrators, managers and claims handlers
  • Procurement and purchasing staff
  • Engineering, operational and maintenance personnel
  • Commercial, financial and insurance professionals

Program Outcome

At the end of the course delegates will:

  • Able to draft the contract from

            ( a) Scratch and (b) modify the Contract template

Understand the contribution that contract administration can deliver

  • Be better able to minimize contractual risk
  • Manage change during the contract from a risk and legal perspective
  • Shall be able to making Negotiation strategy
  • Understand and draft contractual terms and conditions
  • Have identified all the benefits of alternative dispute resolution methods

Topics Covered 

  1. Understanding the legal environment
  • Basic legal principles
  • Risks for a valid contract
  • Conditions and warranties
  • Making the contract
  • Offer and acceptance
  • Statute law affecting contracts
  1. Drafting the contract
  • Drafting starts with effective thinking
  • The key objective
  • Communication and the barriers to overcome
  • The craft of contract drafting
  • Closing loopholes
  • Defined terms; precise language (Contract Drafting Tips)
  • The specific and the general
  • Termination clauses
  • Traps for the unwary
  1. Some contract scenarios
  • The inquiry and then bid
  • Time and materials
  • Fixed-price
  • Pricing or associated costs
  1. Contract terms and conditions
  • How to deal with the small print
  • Consortia, joint ventures, and collaborations
  • Choices of law and jurisdiction
  • Force majeure and its implications
  • Time is of the essence
  1. Effective administration techniques
  • What is the purpose of the contracts function?
  • The extent of its involvement; what is needed?
  • Terms of reference
  • Early warning systems
  • Some maxims of contract administration
  1. How to obtain legal remedies
  • The advantages and disadvantages of litigation and ADR
  • Choosing the appropriate method of redress
  • Obtaining redress while the contract is operating

Methodology & Certificates-

  • Demonstration of actual documents, Lectures & Interaction
  • A Certificate of participation will be presented to the participants

Who Should Attend

This seminar will benefit all levels of personnel involved in any aspect of contract procurement and implementation. It will enable a broad range of disciplines to appreciate and understand effective negotiating and drafting, and managing contracts.

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