Project, Contract

Training Course: Drafting Legal Memorandum and Correspondence


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PC4100

19 - 23 May 2025

Amsterdam (Netherlands)

Hotel : Grand Hotel Amrâth Amsterdam

Cost : 5250 € Euro

Introduction

The critical importance of effective and appropriate contract drafting catered to the specific needs of the particular business and the situation cannot be emphasized enough. Robust contracts identify and minimize risk for the organization and ensure that projects and procurement are carried out efficiently and without costly disputes.

All too frequently contract wording used is not properly understood which ultimately detrimentally affects the performance of the project and even possibly leads to contract failure.

Procurement and tendering have become increasingly sophisticated but all individuals need to be aware of the current and best practices adopted by some of the major international corporations in order to increase the effectiveness of their own procedures.

This course will assist all individuals in dealing with such contract wording and procedures in order to maximize the benefits to the organization and reduce risks.

Course highlights include:

  • Examine the legal effectiveness and formation of contracts

  • Assessing the appropriate contract type and tender process

  • Key contract clauses focusing on risk, remedies, and insurance

  • Securing the performance of a party’s obligations

  • Appropriate dispute resolution and dispute avoidance

Course Objectives 

  • Provide an understanding of contract structures, and why contracts are drafted in a particular manner
  • Explain the commercial impact of key contractual provisions

  • Develop an understanding of the interaction between contractual provisions and the need for consistency.

  • Identify where things can go wrong, and learn how to avoid problems, or mitigate their effects through well-drafted contracts and good management.

  • Understand how to avoid disputes but learn how to deal with them if they arise.

Course Benefits 

Attending this seminar will help you to learn how to:

  • Use appropriate contract structures for different projects,

  • Use appropriate contract structures for different projects,

  • Examine the commercial impact of particular terms and conditions

  • Use contract provisions to reduce the risk of disputes or contract failure.

 Core Competencies

  • Allocation of contractual risk
  • Selection of appropriate form of contract/tender

  • Contract management and administration skills

  • Understanding contract wording

  • Drafting

  • Negotiating

Course Outlines of Drafting Legal Memorandum and Correspondence

Day 1

The Importance of Contracts

  • The Importance of Contracts

  • Controlling the contract process

    • Understanding the deal

    • Controlling the negotiation

    • Tips for effective negotiation

  • Contract Formation

  • Offer and Acceptance

  • Battle of the forms

  • Consideration and Intention

  • Oral or written?

  • Electronic contracts

  • The value of due diligence and financial stability

Day 2

Tender Process & Different Contract Types

  • Auctions and Bids

  • Tender Process

    • Invitations to tender

    • Request for Proposal

    • Request for Quotation

    • Pre-qualification

    • Compliance

    • Letters of Award

  • Heads of Terms and Letters of Comfort

  • Which contract type to select?

    • Advantages and disadvantages of the main contract types

    • The problem with fixed fees?

    • Modern methodology

  • Economic Price Adjustment clauses

  • Bonds and Guarantees

  • Compliance with law/change of law

Day 3

Main Contract Clauses

  • Obligation to deliver/perform

    • Controlling subcontractors

    • Monitoring and Milestones

  • Securing Payment

  • Ensuring prompt payment

  • Non-payment remedies

  • The use of Letters of Credit

  • Parent Company Guarantees

  • Time and place of delivery

  • Transfer of title and risk - ICC Incoterms

  • What is the retention of title clauses?

  • Why is "time of the essence" important?

  • Delivery, Ownership, and Risk in Procurement

  • Insurance

  • Indemnities – when we need them

  • Liquidated Damages/Penalties and the dangers

Day 4

Other Key Considerations during the Commissioning Process

Other Key Considerations during the Commissioning Process

  • Variations and changes

  • Liability beyond contract

  • The value of Intellectual property

  • When do contracts end?

  • Limiting liability

  • Warranty

  • Which law to apply to the contract?

  • Final contract review and closeout process

Day 5

Dealing with Disputes

  • Compromise and settlement

  • Dispute Resolution clauses

  • Litigation

  • Arbitration

  • Modern methods of resolving disputes

    • Mediation

    • Conciliation

    • Early Neutral Evaluation

    • Expert Determination

  • Final review and questions

Project, Contract

Training Course: Drafting Legal Memorandum and Correspondence


Register Now
Quick Inquiry
Discount Group Download Brochure (39)

PC4100

19 - 23 May 2025

Amsterdam (Netherlands) - Grand Hotel Amrâth Amsterdam

Hotel : Grand Hotel Amrâth Amsterdam

Cost: 5250 € Euro


  About Amsterdam

Amsterdam, capital of the Netherlands, is a popular destination amongst travelers from all around the world. Once just a little fishing village, Amsterdam is now a major international city after having become an important port during the 1600s. Throughout its history, the city has had many famous residents, including artists, philosophers and other historical figures. There is much to discover along Amsterdam's quaint streets and picturesque canals. So much so that a flight to Amsterdam comes with a guarantee of cultural and historical attractions that will provide memories to last a lifetime. Amsterdam is a hotbed of culture for travelers of all ages and tastes.


  Things to do and places to visit in Amsterdam

From the moment passengers step off their flight to Amsterdam, they will find it a friendly city with a lively atmosphere. Its flat geography means that it is perfect for exploring by bicycle. If you're feeling less active, it the city is also well-served by public transport. The so-called Venice of the North has something for every visitor. Culture vultures have museums, galleries and theaters to see, Families can visit the zoo or the Science Center NEMO.

When visiting Amsterdam, be sure to:

  • See the picture-perfect and colorful houses of the Grachtengordel district.
  • See the iconic works of one of Holland's most famous artists at the Van Gogh Museum.
  • Visit the house where Anne Frank and her family hid from the Nazis.
  • Browse through the extensive collection of fantastic art in the Rijksmusem.
  • Wander through the blaze of colors that is the Singel Flower Market.
  • See the city at a leisurely pace on a canal cruise.
  • Marvel at one of the city's many historic churches.
  • Learn about life aboard a ship at the National Maritime Museum.
  • Discover the Begijnhof's well-preserved medieval architecture.
  • See animals of all kinds, as well as the butterfly pavilion and aquarium, at the Artis Zoo.
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