By the end of the program, participants will be able to:

• Enhance your contract management skills to improve contract and company performance
• Develop systems to reduce the frequency of contractual disputes
• Resolve such contractual disputes as do occur in an efficient fashion
• Manage contracts and projects from the pre-contract, during the performance of the contract and through to the post-contract stage in accordance with best practices
• Enhance profitability, not only by increasing money coming ‘in’ from contracts, but also by preventing unnecessary sums going out’ in operational disputes

This is not a law program. It is the development of commercial awareness of delegates through practice of effective management procedures assisted by a working knowledge of necessary legal principle.

DAY 1

THE LEGAL FRAMEWORK OF CONTRACTS AND HOW THEY ARE CREATED

• The need for contractual relationships
• External and internal dimensions of a business relationship
• Formation of a Contract
• The key elements of a contract
• Oral or written?
• Electronic contracts
• Terms of the contract
• Inter-business contracting
• Law of Agency
• Sources of Law
• Developing legal knowledge and skills

DAY 2

SOME ISSUES ARISING IN CONTRACTS

• Precedence of documents in a contract
• Obligations to perform
• Delivery, acceptance and transfer of title and risk
• ICC Incoterms
• Liability in negligence – relationship with contract conditions
• Product liability and defective goods
• Intellectual Property clauses – some special issues
• Letters – Intent; Instruction/Award; Comfort; Awareness
• Conflict of Laws and Choice of Law and jurisdiction Clauses

DAY 3 

DIFFERENT CONTRACTING STRATEGIES IN INTERNATIONAL CONTRACTS

• Some types of Standard Form/Model Form Conditions
• Drafting Standard Terms
• Potential problems with Standard Form Contracts
• Limiting or excluding liability
• Unequal Bargaining Positions
• Traditional contracts
• Fixed Price/Lump Sum
• Bill of Quantities/Schedule of Rates – re-measured contracts
• Full reimbursable – “cost plus” – why this is sometimes the right answer
• Dealing with volatile markets – economic price adjustment clauses and the use of indices
• Adding incentives to lumps sums
• Non-Traditional contracts
• Build Own Operate and similar structures
• Alliances and Partnering
• No Cure/No Pay – a technique from marine salvage that has wider uses

DAY 4 

CONTRACT MANAGEMENT AND THE MANAGEMENT OF CHANGE AND PAYMENT

• The need for good contract management
• Variation of Contract Terms
• Variation of Scope of Work
• Management of Variations and retaining control of the contract
• Payment and money events
• Delay, suspension and extension of time
• Finance and Payment in International Trade
• Bonds and Guarantees
• Defects Liability – warranty periods
• Managing rolling warranties
• Termination of the Contract and Remedies
• Mitigation of losses and claims

DAY 5 

RESOLUTION OF DISPUTES

• Negotiation, compromise and settlement
• Litigation
• Arbitration
• Alternative Dispute Resolution – including mediation
• Managing disputes
• Review of program, and final question

• Contract Administrators
• Contracting Unit Supervisors
• Project Engineers
• Project Managers
• Claims Managers and Business Audit Officers
• Risk Managers
• Contract Strategists
• Staff who are new to their roles, or experienced staff looking for a refresher program