NEGOTIATING AND DRAFTING AND UNDERSTANDING CONTRACTS

TRAINING OVERVIEW

This training program encompasses three phases of contract management: negotiating the agreement, drafting comprehensive yet practical documentation, and overseeing contract performance. It aims to equip participants with insights into practices from diverse industries, potentially enhancing their own approaches. Additionally, the course provides a chance for attendees to view contract matters from the standpoint of the counterparty, fostering a more holistic understanding. 

TRAINING TOPICS

Gaining a broad understanding of contracts and your ability to use them to protect your organisation

• Examining the latest techniques required for you to consider and negotiate contracts with confidence
• Considering principles widely used in international contracting, risk allocation and dispute management in contractual disputes
• Practical tips for business professionals to deal with the consequences of non-performance
• Analysing the mechanics of contracting in the English language

 By the end of this training course, delegates will be able to

 Understand the need to negotiate the “deal” before structuring the contract documentation

• Utilise the tools & techniques to assist in such negotiations & enhance the efficient management of contract
• Assess the drafting and modification of specific contract clauses, using real examples
• Introduce some of the differences in approach in different jurisdictions
• Examine ways to avoid disputes, or to manage them successfully

 TRAINING IS TAILORED TO

• Contract Administrators, Contract Professionals and Project Coordinators

• Supply Officers, Buyers, Purchasing & Procurement Professionals
• Project, Construction, Cost, and Quantity Professionals
• Claims Personnel, including Legal Advisers
• Contracts Managers  
• Those new to the function, preparing for a major project, or experienced professionals looking for a refresher

 TRAINING METHODOLOGY

This training course will utilise various proven adult learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes high levels of participant discussion, group interaction, delegate group exercises and case studies using existing contemporary English language contracts in many jurisdictions. Delegates will be encouraged to raise their own issues and problems faced within their industry or organisations for discussion on a confidential basis.

 TRAINING METHODOLOGY

Our training methodology employs a blend of interactive lectures, hands-on exercises, case studies, and group discussions to ensure an engaging and effective learning experience. Participants will have the opportunity to apply theoretical concepts to real-world scenarios, fostering practical skills and knowledge retention. Our experienced instructors provide personalized feedback and guidance, facilitating the development of critical thinking and problem-solving abilities. Throughout the training, we emphasize active participation and encourage peer-to-peer learning to enhance collaboration and knowledge sharing among participants. By employing a dynamic and interactive approach, our training methodology aims to maximize participant engagement and ensure practical skill acquisition.”

DAY ONE: 

WHAT IS THE “DEAL” BEHIND THE CONTRACT, AND HOW DO YOU GET THERE?

• What constitutes a contract: form, ingredients and basic structure

• The context of commercial arrangements
• Innovative commercial solutions (e.g. Partnering, “BOOT” contracts etc)
• Relationship between negotiation and contract drafting
• Closing a deal - Authority to sign and agency principles
• Formalities to finalise the contract

 DAY TWO: 

NEGOTIATING AND DRAFTING CONTRACTS

• Negotiating Principles in Contracting
• Negotiating in difficult and complex situations
• Structuring complex documents – the hierarchy of terms
• Using and modifying standard forms
• Precedent in international contracting
• Dealing with contract qualifications and amendments

 DAY THREE: 

DRAFTING SPECIFIC CLAUSES

• Operative provisions and performance obligations

• Title, Risk, and Payment provision
• Contract variations: transfer of rights, amendment, and the scope of work
• Termination, suspension, and remedies for default
• Limitation and exclusion of liability, force majeure and waiver
• Law of the contract and dispute resolution

 DAY FOUR: 

EFFECTIVE CONTRACTS MANAGEMENT

• Risk assessment and management

• Assignment of responsibilities and kick-off meetings: setting and managing expectations
• Dealing with defaults, delay, and disruption
• Managing claims
• Payment issues – including international trade
• Lessons learned

DAY FIVE: 

DEALING WITH DISPUTES

• Recognising potential problems and dealing with issues as they arise

• Legal rights and commercial outcomes distinguished
• Negotiation structures for internal dispute resolution
• External dispute resolution – Litigation and