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 organisations 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 doesnt 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 todays 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