"The Course Content
Day One: Negotiating the Agreement you Want
The context of commercial arrangements
Negotiating Principles for contracts
Setting contractual objectives
The most important negotiable elements
Achieving an appropriate balance of commercial risks
Relationship between negotiation and contract drafting
Day Two: Drafting the Contract You’ve Negotiated
What constitutes a contract? – the essential elements
Form, Ingredients and Basic Structure
What are the Contract documents? constructing the jigsaw puzzle
Working with standard forms and model agreements
Using contract qualification to amend the other side’s draft
Temporary contractual arrangements: Letters of Intent and other interim agreements
Day Three: Understanding Contractual Rights and Obligations
Operative provisions and performance obligations
Title, Risk and Payment provisions
Liabilities, indemnities and the duty to insure
Limitation and exclusion of liability, force majeure and waiver
Remedies for default, damages and penalties
Day Four: Managing the Contract You’ve Signed
Finalising the contract and getting started
Kick-off meetings: Setting and managing expectations
Creating a contractual performance environment
Handling Contract Variations: changing the scope of work
Dealing with under-performance - defaults, delay and disruption
Payment issues – including in international trade
Day Five: Resolving Contractual Claims and Disputes
Managing contractor claims
Recognising potential problems and dealing with issues as they arise
Governing Law of the contract and dispute resolution
Using contract-based resolution – referring disputes to an Adjudicator
External dispute resolution – Litigation and Arbitration
Modern alternatives – Mediation, Expert Determination and other methods"