Negotiating, Drafting
& Understanding Contracts

Training Course Overview

This Contracts Management training course 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. This training course will help participants to have an awareness of practices in other areas and other industries, which can add significant value to their own situations. Moreover, the training course will also give an opportunity to consider matters from the perspective of the other party to a contract.

Training Course Objectives

By attending this COPEX training course, you should achieve these goals:

• Understand the Need to Negotiate the “Deal” before Structuring the Contract Documentation
• Utilise the Tools & Techniques to Assist in Such Negotiations & Enhance the Efficient Management of Contract
• Assess the Drafting and Modification of Specific Contract Clauses, Using Real Examples
• Introduce Some of the Differences in Approach in Different Jurisdictions
• Examine Ways to Avoid Disputes, or to Manage Them Successfully

Designed For

This COPEX training course is suitable to a wide range of professionals, but will greatly benefit:

• Contract Administrators, Contract Professionals and Project Coordinators
• Supply Officers, Buyers, Purchasing & Procurement Professionals
• Project, Construction, Cost and Quantity Professionals
• Claims Personnel, including Legal Advisers
• Contracts Managers
• Those New to the Function, Preparing For a Major Project or Experienced Professionals Looking For a Refresher

Training Course Outline

Day One: Negotiating the Agreement you Want

• The context of commercial arrangements
• Negotiating Principles for contracts
• Setting contractual objectives
• The most important negotiable elements
• Achieving an appropriate balance of commercial risks
• Relationship between negotiation and contract drafting

Day Two: Drafting the Contract You’ve Negotiated

• What constitutes a contract? – the essential elements
• Form, Ingredients and Basic Structure
• What are the Contract documents? constructing the jigsaw puzzle
• Working with standard forms and model agreements
• Using contract qualification to amend the other side’s draft
• Temporary contractual arrangements: Letters of Intent and other interim agreements

Day Three: Understanding Contractual Rights and Obligations

• Operative provisions and performance obligations
• Title, Risk and Payment provisions
• Liabilities, indemnities and the duty to insure
• Limitation and exclusion of liability, force majeure and waiver
• Remedies for default, damages and penalties

Day Four: Managing the Contract You’ve Signed

• Finalising the contract and getting started
• Kick-off meetings: Setting and managing expectations
• Creating a contractual performance environment
• Handling Contract Variations: changing the scope of work
• Dealing with under-performance - defaults, delay and disruption
• Payment issues – including in international trade

Day Five: Resolving Contractual Claims and Disputes

• Managing contractor claims
• Recognising potential problems and dealing with issues as they arise
• Governing Law of the contract and dispute resolution
• Using contract-based resolution – referring disputes to an Adjudicator
• External dispute resolution – Litigation and Arbitration
• Modern alternatives – Mediation, Expert Determination and other methods

The Certificate

• COPEX Certificate of Attendance will be provided to delegates who attend and complete the course

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