Introduction:
This course provides a comprehensive approach to drafting, reviewing, and analyzing contracts. Participants will learn how to organize content effectively, ensure legal compliance, and apply best practices to minimize disputes. Emphasis is placed on both form and content to produce clear, enforceable, and well-structured contracts, with practical and scientific perspectives.
Objectives:
By the end of the course, participants will be able to:
- Identify the essential elements of contract writing.
- Apply best practices in drafting contract texts and sections while avoiding common errors.
- Describe the steps in preparing contracts, including scope formulation, terms, and conditions.
- Evaluate procedures for contract preparation and contractor selection.
- Assess the impact of negotiation on contractual terms and scope.
Target Audience:
- Legal department managers and members
- Procurement and contract managers
- Employees responsible for preparing scopes of work and negotiating contractual terms
- Professionals involved in the pre-contracting phase
- Staff determining contracting strategies, decision sources, and tenders
Course Outline:
Day 1 – Basic Concepts of Contracting
- Definition and origin of contracts
- Differences between agreements and contracts
- Contract and deed concepts
- Contract law (civil, general, administrative)
- Types and divisions of contracts
- Contracting skills and methods
Day 2 – Importance and Stages of Contracts
- Contract definitions, terms, and general elements
- Characteristics of contract drafting
- How to draft contracts effectively
- Avoiding common errors
- Planning and executing contracted projects
Day 3 – Supervising Contract Execution
- Contract ceremonies and announcements
- International sales contracts
- Contracting methods and techniques
- Preparing scope of work and specifications
- Formal and substantive elements of contracts
Day 4 – Substantive Elements of a Contract
- Formation of contracts and oral evidence rules
- Mutual agreement and positive acceptance
- Consideration principles (French and English law)
- Types of contractual obligations and classification
Day 5 – Drafting Principles and Claim Management
- Expert vs. non-expert drafting
- Drafting standards and rules
- Basic contractual language and filling gaps
- Typical contract clauses
- Managing claims: documentation, force majeure, price increases, change orders, and contractor obligations