INTRODUCTION
Every business and organisation are
based on the underlying contractual structures which they adopt. The precise
type of contractual structure employed varies from the most simple agreement to
the more complex project documentation. The drafting and formation of these
contracts are often left to the legal and experienced professionals but the
organisation’s other individuals are left to manage the actual project or
contract. These individuals need to understand the workings of the contract and
the reasoning for the type of contractual structure used. In this programme you
will study:
·
Different
types of contractual structure
·
The
skills of contract management
·
The
secrets of interpreting contracts
·
Techniques
for protecting the organisation through the use of contracts
WHO SHOULD ATTEND?
·
Those
who doesn’t have sufficient understanding of contract issues, including
Engineering, Project, Construction, Tenders, Buying/Purchasing Professionals
·
Those
new to contracts, preparing for major projects, or anyone looking for a
refresher
PROGRAMME OBJECTIVES
·
Understand
the structure and purpose of contracts
·
Explain
how different contract structures can be used to cover different risks
·
Enhance
knowledge of important contract terms and conditions
·
Explain
some of the dangers that exist within commonly-used contract clauses
TRAINING METHODOLOGY
Delegates will learn through active
participation by way of interactive group discussion, real life group exercises
and analysis of commonly used contractual provisions. The focus of the
programme will be real life solutions to real life problems.
PROGRAMME SUMMARY
This programme covers essential
fundamentals of contract management and contract analysis for non-contract
professionals and personnel. The programme commences with consideration of the
different types of contract structure and risk. The programme then moves on to
consider the some of the fundamental clauses that are key concerns for good
contract management.
We then look at some of the
techniques we can use to solve disputes and disagreements between parties to
the contract whilst focusing on the need to save essential business
relationships.
PROGRAMME OUTLINE
DAY 1 -
THE
STRUCTURE OF CONTRACTS
·
Formation
of a contract
·
The
dangers of oral contracts
·
Contract
components
·
Traditional
contract structures
·
Modern
contract structures
·
How
to deal in today’s unsettled world economy
|
DAY 2 -
IMPORTANT
CONTRACT PROVISIONS
·
Standard
of work
·
Controlling
subcontractors
·
Programme
of work
·
Extensions
of time
·
Force
Majeure
·
Changes
and variations
|
DAY 3 -
COLLATERAL
DOCUMENTS
·
Letters
of Intent
·
Letters
of Award
·
Bonds
and Guarantees
·
Parent
Company Guarantees
·
Choice
of Law
·
Choice
of Courts
|
DAY 4 -
PAYMENT
AND BREACH OF CONTRACT
·
Payment
terms
·
Dangers
of late payment
·
Breach
of contract
·
Types
of damages
·
Liquidated
damages
·
Negotiating
solutions to contract management issues
|
DAY 5 -
TERMINATION
AND DISPUTE RESOLUTION
·
Suspension
·
Termination
·
Litigation
·
Arbitration
·
Mediation
·
Expert
Determination
|