Why
Choose this Training Course?
Every
commercial transaction carries risk: your organisation can manage risk by contractually determining the nature,
content and consequences of both yours and the other party’s actions and omissions. Contracts give rise to a
range of liabilities by parties assuming rights, responsibilities, duties and obligations, but which can be
managed through contractual mechanisms.
This
highly interactive Managing Contractual Liabilities training course in Dubai considers how your
organisation can identify and manage key contractual risks and liabilities – what are they, what do they mean,
what are the consequences, who takes the risk, and who pays? It focuses on how best to deal with key contractual
liability issues to minimise your potential exposure to both the financial consequences and damage to your
reputation.
This
York Britishtraining course will feature:
Nature
of contracts and contracting structures
Principal
contractual liabilities
Managing
risk through indemnities
The
purpose of insurance, types and limitations
Using
contract provisions to reduce the risk of disputes
What
are the Goals?
By
the end of this York Britishtraining course, participants will be able to:
Identify
when a contract becomes legally enforceable
Assess
and manage key contractual liabilities
Analyse
the way indemnities operate across industries
Evaluate
the need and use of different types of insurance
Compare
ways of dealing with claims and disputes
Who
is this Training Course for?
This
York Britishtraining course will benefit a wide range of personnel involved with contracts and project
management, purchasing, supply and procurement, and will greatly benefit:
Contracts
Engineers
Project
Managers
Procurement
and Purchasing Staff
Finance
and Audit Professionals
Anyone
involved in the management of risk
How
will this Training Course be Presented?
This
York Britishtraining course will use a variety of proved adult training techniques to ensure maximum
understanding, comprehension and retention of the information presented. It will include high levels of
participant discussion, group interaction, group exercises and case studies. Delegates will be encouraged
toraise their own issues and challenges faced within their industry or organisations for discussion.
The Course Content
Day One: The Basis of Contracting
Why we use contracts?
Legal requirements for a valid contract
Oral contracts
Electronic contracts
Terms and conditions of the contract
Authority to contract
Day Two: Risk and Different Contracting Types
How to assess and manage risk
Traditional contract types
Modern contract types
Bonds and Guarantees
Letters of Intent
Which Law, which court?
Day Three: Major Contract Terms
Obligation to perform
Defective goods
Liability issues
Indemnities and Insurance
Intellectual property
Force Majeure
Day Four: Changes and Variations, Payment and Close-out Issues
Changes and Variations
Payment issues
Letters of Credit
Warranty claims
Suspension and Termination
Contractual issues on close out
Day Five: Negotiation, Avoidance and Resolution of Disputes
Negotiation, compromise and settlement
Litigation
Arbitration
Mediation
Expert Determination
Dispute Review Boards
Day
One: Contract Formation, Structure and Risk
How
and When is it Legally Enforceable
Key
Contractual Elements and Structure
Ancillary
Documents and Issues
Different
Legal Environments
Defining
Risk – Identification and Impact
Key
Contractual Risks
Day
Two: Managing Contractual Risks and Liabilities
Performance
– Quality and Time
Ownership
and Risk of Loss or Damage
External
Events
Pricing
and Payment
Limiting
and Excluding Liability
Breach
of Contract
Day
Three: Indemnities Unmasked
What
Are They, How Do They Work?
Negligence
– Simple or Gross?
Operation
in Different Legal Systems
People
and Property
Cross
Indemnities
Catastrophe
Risk
Day
Four: Insurance: Purpose, Types, Limitations
Why
Insure and What It Covers
People,
Property and Product Liability
Motor,
Aviation and Marine Insurance
Environmental
Liability
Who
Arranges, For Whose Benefit?
Claims
Handling
Day
Five: Contractual Dispute Management
Tiered
Dispute Resolution Mechanisms
Negotiation
– Tools and Techniques
Alternative
Dispute Resolution
Litigation
and Arbitration
Enforcement
Course
Review and Learning Outcomes