In every organization, the basis of business activity is the creation, drafting, negotiation, and management of contracts. Those involved in the contracting process are, rightly, required to act as contracts professionals, and can no longer afford to treat contracts as an adjunct to their main roles. The increasing complexity of contracts, particularly when used in an international context, has brought the need for such skills into sharp focus
• Understand the issues behind contracts • See how contracts can be used in an international context • Explore ways of creating contracts, and the different strategies available for different types of project • Review different types of contract • Examine some of the issues that arise in drafting contracts • Develop improved skills in negotiation relating to contracts • Share examples of how to manage contracts to maximize the result for the organization
Who Should Attend?
• Engineering • Managers •Those who are new to negotiation and are looking for an insight into the business administration
Day One: The Basis of Contracts
• The basis of contracts around the world • How is a contract formed?
Exchange of promises Formalities Writing Formal signing/sealing Registration Stamp Duty or other taxes Mental capacity Age Witnesses
• Authority to contract
How is this proved? Powers of Attorney Special issues with foreign parties
• Issues with agents • What happens if there is no agreed contract?
Day Two: Creating a contract
Why do we use competitive tendering? Dealing with challenges
• Clarity of language • Issues with translations • Some critical clauses
Health, safety, and the environment Standard of work/product/service Changes to the scope of work Indemnities Insurance Time for delivery Liquidated damages Penalties Force majeure What it is ….. and what it is not Limitation of liability Warranty and guarantee periods Termination Entire Agreement Notices Which law applies?
• Exercises in drafting
Day Four: Negotiation
• Negotiation phases
When awarding a contract In relation to disputes under the contract
• Negotiation techniques
Preparation What to do in the actual negotiation Dealing with difficult parties
• Exercises in negotiation
• Dispute resolution
Phase negotiation Arbitration Courts (litigation) Mediation Expert determination Other alternative solutions
• Issues where disputes are resolved in an international context
Day Five: Contract Management
• Project and contract management distinguished • Roles in Contract Management • Document control • Control of change • Payment processes
Impact of delay Issues in international contracts
• Managing a termination • Closeout – contractual issues • Final course review and questions
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