The Complete Course in The Quality Management of Local and International Contracts and the Foundations of Successful Negotiation
5 DaysThe Complete Course in The Quality Management of Local and International Contracts and the Foundations of Successful Negotiation
This contracts management training course is designed to assist contracts professionals cope with the increasing complexity of commercial and business relationships as trade local and international to becomes ever more better quality . All business professionals need to understand what a contract does (and does not) require them and the other party to the contract to do, and the consequences for both parties of any failure. 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 Britrish academy for training and devlopment training 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.
Overview
Course Objectives
This is training course will feature:
- Gaining a broad understanding of contracts and your ability to use them to protect your organisation.
- The differences in approach between different legal and contracting systems.
- How to deal with international and local contracts.
- Considering principles widely used in international contracting, risk allocation and dispute management in contractual disputes.
- Learn how to monitor contract quality.
- Risk allocation in contract management and dispute resolution in contractual disputes
- Contracting in an international context
- Protecting your company’s interests
- An understanding of contracting in the English language.
By the end of this training course, participants will be able to:
- Improve their understanding of the role of contracts within a business
- Develop more confidence in dealing with contracting issues
- Understand how strategies can be developed to improve the commercial outcomes
- Apply the latest international thinking in dispute resolution
- Increase awareness of the use of contracts in everyday business life.
- 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?
- Contract Administrators, Contract Professionals and Project Coordinators.
- Project, Construction, Cost and Quantity Professionals
- Contracts Managers
- Those new to the function, preparing for a major project or experienced professionals looking for a refresher,
- Engineers or contracts operatives.
Course Outline
- The need for contractual relationships
- What is needed to create a valid contract? Ingredients and formalities
- Authority and agency
- The tender process
- Alternative sourcing
- Making contracts enforceable – with particular emphasis on the international context
The Structure of Contracts
- Form of Agreement
- Hierarchy of Terms and Conditions
- Different contractual structures
- Traditional and new
- Risk and Title (ownership) in international trade - When does it transfer?
- Notices and other formalities
- Which law and which courts?
- Securitising performance obligations
- Bonds and guarantees
- Parent company guarantees
- Letters of intent, comfort or awareness
- Insurance policies
- Assessing the need for financial security
- Changes to Contract documents
- Assignment/Novation explained and distinguished
- Variation clauses and changes to the scope of work
- Claims – what they are and how they arise
- Delay and disruption
- Force majeure
- 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
- 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
- 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
- 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
- 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
Schedule & Fees
No upcoming sessions at the moment. Contact us for custom scheduling.