Introduction
Contracts are the basic structure of all business relationships, whether they be for the construction of a major new facility, or the supply of stationery, the terms and the management of the contract itself are critical to the success of all companies. As such, contracts touch every aspect of business life, and it is important that all staff (whether directly involved in contract management or not) understand how they operate, particularly in an international context.
The seminar 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. The intention is to develop general skills with application to a wide range of contracts and to allow participants to have an awareness of practices in other areas and other industries, which may add value to their own situations. The seminar will also give an opportunity to consider matters from the perspective of the other party to a contract.
Conference Objectives of Negotiating, Drafting & Understanding Contracts
This seminar is designed to:
- Emphasize the need to negotiate the “deal” before structuring the contract documentation
- Provide tools and techniques to assist in such negotiations
- Examine the drafting and modification of specific contract clauses, using real examples
- Look at some of the differences in approach in different jurisdictions (and the common themes that run through contracting)
- Review some of the skills that will enhance the efficient management of contract
- Examine ways to avoid disputes, or to manage them successfully
Conference Delegates of Negotiating, Drafting & Understanding Contracts
- Project, Construction, Cost and Quantity Professionals
- Purchasing officers
- Procurement, Tendering, Contracts Personnel
- Buyers & Financial Professionals
- Those new to the function, preparing for a major project, or experienced professionals looking for a refresher
Conference Process of Negotiating, Drafting & Understanding Contracts
The seminar will combine conventional teaching, including real examples, together with a high level of participation; including an interactive approach to involving participants in a discussion of topics; exercises; and encouraging participants to bring their own experiences forward for discussion and debate.
Conference Benefits of Negotiating, Drafting & Understanding Contracts
- The seminar will enhance the skills of the delegates, and enable them to have a better understanding of how contracts are created; structured, and drafted. This will improve the ability of staff to understand the commitments they are entering into on behalf of the organization and the obligations of the other parties.
- Enhanced management skills will improve the efficiency of contract administration and management.
- Improved skills in negotiation, and dispute avoidance and resolution will be valuable in all aspects of the organization, both in relation to external contracts, but also in internal relationships.
- How to negotiate contractual arrangements
- What constitutes a valid contract
- Problem areas with major clauses, and how to avoid them
- Differences in approach between different legal systems
- Drafting issues that arise on common clauses, and how to negotiate these terms
- How to use standard form documents efficiently
- Techniques to improve the efficient management of contracts
- The latest thinking on dispute resolution, and ways to avoid disputes
Core Competencies of Negotiating, Drafting & Understanding Contracts
Competencies addressed and enhanced by this seminar include:
- Negotiation
- Structuring contracts
- Contract drafting
- Dealing with qualifications to contracts
- International contracting
- Avoiding disputes
- Resolving disputes
Conference Outlines of Negotiating, Drafting & Understanding Contracts
Day 1: What is the “deal” behind the contract, and how do you get there?
- What constitutes a contract?
- How to structure commercial arrangements
- Innovative commercial solutions (e.g. Partnering, “BOOT” contracts, etc)
- How to negotiate a contractual structure
- Basic techniques for negotiation
- How to document discussions
- Relationship between negotiation and contract drafting
- Closing a deal
- Dealing with difficult negotiators
Drafting Contracts
- Using standard forms
- Developing your own standards
- Modifying forms
- Dealing with contract qualifications and amendments
- Structuring complex documents
Day 2: Negotiating Contracts
- “Level playing field” issues – how to be fair to more than one bidder
- Dealing with errors in a bid
- Negotiating complex wording
- Formalities to finalize the contract
- Authority to sign
Day 3: Drafting Specific Clauses
- Performance of the work
- Title
- Risk
- Intellectual property
- Variations
- To the contract
- To the scope of work
- Extension of time
- Force majeure
- Time for completion
- Liquidated damages and penalties
- Acceptance and testing
- Termination and suspension
- Law of the contract and dispute resolution
Day 4: Management of Contracts
- Risk assessment and management
- Kick-off meetings
- Assignment of responsibilities
- Setting and managing expectations
- Planning
- Reporting – being realistic with requirements
- Progress meetings and expediting
- Dealing with defaults
- Dealing with external factors (e.g. force majeure)
- Recognizing and managing change
- To the contract terms
- To the scope of work
- Payment issues – including international trade
- Closeout
- Lessons learned
Day 5: Dealing with Disputes
- Recognizing potential problems
- Dealing with issues as they arise
- Legal rights and commercial outcomes distinguished
- Negotiation structures for internal dispute resolution
- Types of external dispute resolution
- Litigation
- Arbitration
- Adjudication
- Expert Determination
- Mediation
- Issues with different legal systems
- Enforcement of awards
- Management of disputes
- Avoiding disputes in the first place
About Cairo
Cairo is a mesmerizing assortment of iconic monuments, bustling markets, and ancient sites encircled by a vast and sprawling metropolis. At its core lies a maze-like medieval quarter. A world away from the modern side of the city, it boasts a seductive blend of intricate mosques, jostling crowds, madrasas, and traditional hammams. No visit could be complete without visiting the awe-inspiring Giza Pyramids that preside over the city's horizon. Whether you come to delve into the city's ancient past, dive into colorful souqs, sip mint tea and contemplate thousands of years of history or explore the city's cosmopolitan side, you'll be left with memories to last a lifetime.
Things to do and places to visit in Cairo
The multi-layered capital of Egypt offers its visitors lively markets, authentic restaurants, and a multitude of ancient sights and archeological findings. Gaze in wonder at the Pyramids, take an awe-inspiring look at Tutankhamen's burial mask, shop for handmade souvenirs in the bazaars or hop on a sunset cruise down the Nile and embrace the sensory overload that is Cairo.
Take a vacation in Cairo and you can:
- Visit the Great Sphinx of Giza, one of Ancient Egypt's great mysteries.
- Explore the ramparts of the Salah El-Din Citadel.
- Join locals drinking coffee at Fishawi Café, one of Cairo's first cafes and most important meeting spots.
- Marvel at the seemingly endless historical artifacts on display at the Egyptian Museum.
- Learn about the Ummayad, Ottoman, and Ayyubbid dynasties and more at the Museum of Islamic Art.
- Haggle for souvenirs and gifts at the Khan el-Khalili souk.
- See one of the world's oldest universities at the Al-Azhar Mosque, one of the city's original mosques.
- Take a tour of the showstopping Giza pyramids.
- Savor local cuisine such as mezze in the old city.
- Wander through the labyrinth-like streets of Coptic Cairo, the city's ancient quarter, and spot Roman relics.