Advanced Contracts Management

Advanced Contracts Management

OBJECTIVES

• Select appropriate type and form of contracts for different situations
• Understand the legal framework in which contract management takes place
• Understand the contract complexities that need managing
• Explain the practical steps in obtaining and analysing performance data
• Be more effective in contract management activities
• Anticipate problems and manage risks
• Integrate contract management with contract needs
• Understand the best means of handling claims, disputes and performance issues

WHO SHOULD ATTEND?

• Contract management
• Project management
• Design management
• Construction management
• Procurement management
• Commercial management
• Finance management

COURSE OUTLINE

Day 1 – Understanding the contract

• Overview of the tendering and contract award process
• Understanding contracts – a refresher on legal requirements for a contract
• Formal and Informal Contractual documents, including
  • Standard terms and conditions
  • Letters of intent
  • Letters of comfort
• The specification and scope of work – linkage to price and payment
• Recognising where the contract risks lie
• Tools and techniques to manage contract risks

Day 2 – Key skills of contract management

• The role and value of an effective contract manager
• Implementing the new contract
• Effective Review processes
• Inspection and certification of contractual performance
• Managing suppliers of professional services
• Working with contract management reports
• Using KPIs in effective contract management

Day 3 – Model Contracts and Terms

• Selecting the right model for the contract
• Standard form Contracts – ICC, FIDIC, NEC and others
• Force Majeure clauses
• Indemnities and Insurance clauses
• Warranty clauses
• Bonds and Guarantees
• Contract variation clauses

Day 4 – Managing Price and Contract Variations

• Managing Price escalation
• Getting a breakdown of costs
• Cost and price analysis techniques
• Tracking changes
• Managing variations to the work
  • Changes to timing, accelerating delivery
  • Increase or decrease in scope
  • Changes to work methods
• Negotiation techniques for price and contract variation management

Day 5 – Managing claims and disputes

• Typical contract claims – scope, delay, quality, payment
• Implementing penalties or service credits
• Liquidated and unliquidated damages
• Termination and other methods of dealing with default
• Defects Liability management
• Dispute Resolution – tools and techniques to use
• Contract closeout