Course Details

Course Title:  Contracts, Claims & Legal Training

Course ID:  TM201E

Fees:  $3150

Days:  5

Introduction   

Contractors and suppliers play an essential role in modern organizations, especially those with a project focus. Many companies are totally dependent on the performance of their sub contractors if they are to meeting their own client commitments. One of the primary management tools is an effective contract. This means one that is drafted negotiated and managed in a positive way so as to enhance the contractors’ performance. Contract management is therefore an essential skill for those involved in achieving their business objectives with or through contracts and contractors. Though contract law is extremely complex, a practical understanding of its application helps managers avoid the most likely sources of disputes. In addition, by giving them an understanding of contract principles it informs their discussions with legal and commercial professionals and therefore maximizes the effectiveness of scarce and expensive commercial and legal advice.

This course is designed to improve the capability of managers to use contracts as a management tool, and to identify and avoid the most common pitfalls relating to operating and developing client and third party contracts.

The course will inform delegates of key principles of contract law. It gives a practical view of client and third party contract construction, negotiation and management for non legal specialists. As well as formal and interactive sessions, the event includes a step by step analysis of a client contract and its corresponding third party supply terms at the pre contract stage.

Course objectives      

By the end of this seminar you will be able to:

§         Identify the Contractual, Technical & Managerial Skills for Contract Professionals

§         Identify Best Practices in Contract Management

§         Claims Management and Negotiating Win-Win Settlements

§         Drafting Enforceable Contracts Conditions

§         Effective Contract Administration Skills

§         Quality Assured Contract Management

Prerequisite                 

None

Who should attend?    

Delegates attending this event will be have management responsibility for negotiating and managing client and/or third party contracts. They may also have responsibility for drafting or influencing the content of contracts prior to negotiation and award, and be responsible for managing these stages.

The seminar is targeted at:

• Programme Managers
• Project Managers
• General Managers with contract responsibility
• Contract managers
• Procurement specialists  

Course outline      

DAY ONE

Contractual, Technical & Managerial Skills For Contract Professionals

• The purpose of a contract
• A description of the role of contract drafting negotiation and management
• The skills required for successful contract management
• The use of technical managerial and contractual skills in the contracting environment
• Skills development methods and processes for managers.

DAY TWO

Best Practices In Contract Management

• Vital definitions in contract management
• Contractual commitments and principles of contract formation
• Essential considerations in the contract negotiation stage
• Consideration and pricing
• An overview of contract management duties

DAY THREE

Drafting Enforceable Contracts Conditions

• Contract contents in theory and practice
• Unfair and unreliable contract terms
• The importance of conduct
• Pre-contract representations
• Principles of general and liquidated damages
• Breaches of contract and remedies
• Change control in contracts
• Law and jurisdiction
• Bargaining power and the test of reasonableness

DAY FOUR

Effective Contract Administration Skills

• Contract management during the implementation stage
• The back to back principle in contract preparation
• Behavior and communication with clients and sub contractors during contract implementation
• Managing changes or revisions to contracts
• Drafting sub-contracts
• Contract closure, retention  and survival of obligations
• record-keeping and information management pre and post-contract

DAY FIVE

Claims Management And Negotiating Win-Win Settlements

• The main causes of contract claims
• Avoiding contractual disputes
• Breaches, remedies and damages in use
• Principled negotiation
• Negotiating tactics and countermeasures
• Conflict resolution strategies

Quality Assured Contract Management

• The role of Quality in contract management (General)
• Quality assurance as related to contracts
• Continuous improvement in contract management
• Developing skills, processes  and methods for management methods

§         Key contract management considerations and the integration of contract and general management