Introduction
In modern organizations, contracts form the backbone of all business activity. Managing contracts effectively—through drafting, negotiation, and administration—is no longer an optional skill; it is essential. This program equips professionals with the knowledge and practical skills to act as competent contracts specialists, particularly in international contexts. Participants will gain expertise in creating contracts, drafting clauses, negotiating terms, managing contract execution, and resolving disputes.
Objectives
By the end of the program, participants will be able to:
- Understand the key issues behind contracts and their use in international contexts.
- Explore methods for creating contracts, including competitive tendering and innovative approaches.
- Review different contract types and drafting considerations.
- Enhance negotiation skills for both contract formation and claims resolution.
- Apply contract management techniques to maximize organizational outcomes.
Target Audience
This program is designed for:
- Project managers, procurement and contract officers.
- Professionals involved in contract administration, negotiation, or drafting.
- Buyers, legal advisors, and financial professionals engaged in contracting processes.
- Individuals seeking advanced skills in international and complex contracting environments.
Course Outline (10 Days)
Day 1: The Basis of Contracts
- The basis of contracts globally
- Contract formation: offer, acceptance, consideration, intention
- Legal formalities: writing, signing/sealing, registration, stamp duty
- Mental capacity, witnesses, authority to contract, powers of attorney
- Issues with foreign parties and agents
Day 2: Creating a Contract
- Tendering and competitive processes
- Single/sole sourcing, framework agreements, negotiated contracts
- Selecting the right contract method
- Standard forms: company and international
- Letters of Intent, Award, Conditions Precedent & Subsequent, Bonds, Guarantees, Insurance
Day 3: Drafting Contracts
- Clarity of language and translation issues
- Critical clauses: health & safety, standard of work, changes in scope
- Indemnities, insurance, time for delivery, liquidated damages, penalties
- Force majeure, limitation of liability, warranties, termination, notices, applicable law
- Practical exercises in drafting clauses
Day 4: Negotiation Techniques
- Phases of negotiation and preparation
- Negotiating at award stage and during disputes
- Dealing with difficult parties and cross-cultural considerations
- Exercises and practical negotiation simulations
Day 5: Contract Management
- Distinguishing project and contract management
- Roles and responsibilities in contract management
- Document control and change management
- Payment processes, impact of delays
- Managing terminations and closeout procedures
Day 6: Advanced Drafting & Risk Management
- Handling complex clauses for international contracts
- Insurance arrangements and risk allocation
- Integrating collateral documents into contracts
- Ensuring enforceability and minimizing disputes
Day 7: Dispute Resolution – Theory
- Alternative dispute resolution methods: arbitration, mediation, expert determination
- Litigation considerations in domestic and international contexts
- Staged dispute resolution clauses and strategic planning
Day 8: Dispute Resolution – Practical
- Case studies and simulations
- Negotiating claims and resolving disputes efficiently
- Managing claims under contract and insurance policies
Day 9: Contract Execution & Monitoring
- Implementing contract obligations and performance tracking
- Payment control and variations management
- Handling claims, penalties, and warranties in real-time
- Coordination with stakeholders and contractors
Day 10: Contract Closeout & Integration
- Final acceptance and project closeout procedures
- Lessons learned and contract audits
- Archiving and documenting contractual performance
- Practical group exercise: drafting a comprehensive contract framework
