The Course Content
Day One: Virtual Negotiation – Getting the Agreement You Want
The context of commercial agreements
Negotiating Principles for any contract
Setting contractual objectives
The most important negotiable elements
Negotiating an appropriate balance of commercial risks
What’s different about remote negotiation?
Day Two: Remote Contract Development
What constitutes a contract? – the essential document elements
Form, Ingredients and Basic Structure
Working electronically with draft Contract documents
Make things easier using standard forms and model agreements
Contract qualification – amending the other side’s draft
Day Three: Preparing for the Risks of Non-Performance
What are the key risks that the pandemic has changed?
Risk allocation in the contract – what’s the best approach?
The contractor can’t deliver – what are my remedies?
Using supply chain strategies to mitigate non-performance
Contingency planning
Day Four: Competitive and Collaborative Contracting Strategies
Comparing alternative approaches to working with contractors
Aligning the contractor’s interests with your own
Incentivising a partnering approach
A performance framework built on measuring and managing
Using Intelligent Client behaviours to maximise the relationship
Day Five: Beyond COVID – How Will Contracts be Different?
Re-thinking the scope of work
A new approach to sourcing - who should we contract with?
Creating sustainable supply chains
Features of the Post-COVID contract
Course summary and review