Why
Choose this Training Course?
This
Contracts Management training course covers the three stages of contracting; negotiating the ‘deal’;
documenting that deal in a robust, but practical way: and managing the performance of the contract itself. This
York Britishtraining course will help participants to have an awareness of practices in other areas and other
industries, which can add significant value to their own situations. Moreover, the training course will also
give an opportunity to consider matters from the perspective of the other party to a contract.
This
York Britishtraining course will feature:
Gaining
a broad understanding of contracts and your ability to use them to protect your organisation
Examining
the latest techniques required in order 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
What
are the Goals?
By
the end of this York Britishtraining course, participants 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
Who
is this Training Course for?
This
training course will benefit all levels of personnel engaged in contract management, negotiation, procurement,
operations, and disputes. This training course is suitable to a wide range of contracts professionals but will
greatly benefit:
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
How
will this Training Course be Presented?
This
York Britishtraining course will utilise a variety of 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 basisThe Course Content
Day One: Introduction to Contract Management
What is Effective Contract Management and why do we need it?
The causes and effects of contract failure
Analysis of the Contract requirements
Defining the Job to be done – specifications and the scope of work
Key Players in Contract Management
Day Two: Managing Contract Risks
Identifying risks affecting time, cost and quality
Responses to risk
Contract Types and how they manage risk
Important contract clauses about risk
Using Bonds and guarantees
Contract templates: FIDIC, NEC and other standard models
Day Three: Establishing the Framework for Contract Performance
Building a relationship for supplier performance
Motivational techniques – carrots and sticks
Contractor warranties
Monitoring service performance
Service Level Agreements
Tools and techniques for contract default
Day Four: Best Practices around Price and Cost issues
Setting the supplier’s agenda on costs and prices
Cost and Price analysis methods
Using economic price adjustment techniques
Price transparency and cost breakdowns
Managing the financial impact of contract variation
Negotiation techniques for improving value for money
Day Five: Contract Management and Administration
Handling contractor claims
Operating the liquidated damages clause
Preventing or resolving disputes
Handling defect liability and retention sums
Contract administration tasks from award to close out
Contract termination and handover
The Certificate
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 Arbitration
Modern
alternatives in dispute resolution - Adjudication, Expert Determination, and Mediation
Overview
of seminar, and final question session