Contract Excellence for Non-Legal Professionals

The overall aim of this course is to provide participants with the knowledge, concepts and skills needed to perform activities related to the contracting process. The course covers important contractual concepts and different types of contracts.

Participants in this interactive course will learn essential contractual terms and conditions and the appropriate use for these legal concepts as well as activities that are usually carried out in contract preparation and administration.

This training course will feature:

• Analysing contracting techniques
• How contracting negotiation skills can be developed
• Exploring innovative contracting strategies
• How contracts can effectively allocate and manage risk
• Examination of specific contract clauses

By the end of the course, participants will be able to:

• Outline the basic elements and phases of contracting
• Describe important legal concepts in contracting that can have a detrimental impact on the contractual relationship between the parties
• Describe different types of contracts as well as other different types of relationships between parties
• List the main steps needed to prepare a contract with a full understanding of all the documents needed to prepare a request for proposal
• Describe all the activities needed to administer the contract post-award including handling variations and claims

This ICL training course will utilise a variety of proven sophisticated learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes high levels of participant discussion, group interaction, delegate group exercises and case studies. The training is designed to be dynamic and highly interaction as well as educational.

Delegates are encouraged to raise their own issues and problems faced within their industry or organisations for discussion on a confidential basis. There will be time allocated for one to one discussions with a leading world expert and practitioner in contracting.

This training course is suitable for all non-contract/legal specialists who are involved in any step of the contracting process including technical and non-technical professionals who would like to learn about the elements, concepts, types and the process of contracting including:

• Engineers
• Project or Construction professionals
• Tenders, Contracts, Buyers, Purchasing, Financial personnel
• Those from a Project Management or General Management background
• Those new to the function or preparing for a major project or contract

Day One: The Basis of Contracting

• Why we use contracts
• Legal requirements for a valid contract
• Oral contracts
• Electronic contracts
• Terms and conditions of the contract
• Authority to contract

Day Two: Risk and Different Contracting Types

• How to assess and manage risk
• Traditional contract types
• Modern contract types
• Bonds and Guarantees
• Letters of Intent
• Which Law? 

Day Three: Major Contract Terms

• Obligation to perform
• Defective goods
• Liability issues
• Indemnities and Insurance
• Intellectual property
• Force Majeure 

Day Four: Changes and Variations, Payment and Close-out Issues

• Changes and Variations
• Payment issues
• Letters of Credit
• Warranty claims
• Suspension and Termination
• Contractual issues on close out

Day Five: Negotiation, Avoidance and Resolution of Disputes

• Negotiation, compromise and settlement
• Litigation
• Arbitration
• Mediation
• Expert Determination
• Dispute Review Boards