Introduction
This seminar equips participants with the skills to negotiate deals, draft robust contracts, and manage contract performance effectively. It covers international contracting contexts, practical negotiation tools, clause drafting, dispute avoidance, and contract administration. Delegates will gain insights from real-world examples and learn techniques that enhance both individual and organizational contract management capabilities.
Objectives
Participants will be able to:
- Negotiate contractual arrangements before structuring the contract.
- Draft, review, and modify key contract clauses efficiently.
- Understand differences in approaches across jurisdictions.
- Apply best practices in contract management, dispute avoidance, and resolution.
- Improve organizational efficiency in contract administration.
Target Audience
- Project, Construction, Cost, and Quantity Professionals
- Purchasing Officers
- Procurement, Tendering, and Contract Personnel
- Buyers and Financial Professionals
- New or experienced staff preparing for major projects
Outlines (5 Days)
Day 1 – Understanding the Deal & Contract Drafting
- What constitutes a contract
- Structuring commercial arrangements
- Innovative commercial solutions (e.g., Partnering, BOOT contracts)
- Negotiation techniques and documenting discussions
- Using standard forms and developing/modifying contract standards
Day 2 – Negotiating Contracts
- Level playing field issues and fairness
- Handling errors in bids
- Negotiating complex wording
- Contract finalization and authority to sign
Day 3 – Drafting Specific Clauses
- Performance, title, risk, and intellectual property
- Variations, scope, extension of time
- Force majeure, time for completion, liquidated damages/penalties
- Acceptance, testing, termination, law, and dispute resolution
Day 4 – Contract Management
- Risk assessment and mitigation
- Kick-off meetings and assignment of responsibilities
- Planning, reporting, and progress tracking
- Managing defaults, external factors, changes, payment issues
- Closeout and lessons learned
Day 5 – Dealing with Disputes
- Recognizing potential issues early
- Internal dispute negotiation structures
- External dispute resolution: litigation, arbitration, adjudication, mediation, expert determination
- Enforcement of awards and managing disputes proactively
- Techniques to avoid disputes in the first place
