Contract Planning, Strategy & Claims Mitigation

Contract Planning, Strategy & Claims Mitigation

OBJECTIVES

• understanding of necessary contractual and legal knowledge
• understanding of and application of different types of agreements
• increased commercial awareness needed to enhance smooth running of contracts
• increased ability to create and implement action and improvement plans
• ability to identify and mitigate risk factors and associated commercial and program implications
• understanding of the importance of checklists, file-management and standardization of documentation effectively to reduce the exposure to risk
• increased understanding of commercial liabilities resulting from schedule changes and variations
• improved ability, successfully to negotiate and maintain long term inter-business contracts with confidence
• ability to analyze, negotiate and implement the most appropriate method of resolving disputes preventing escalation by early identification

WHO SHOULD ATTEND?

• Contract Administrators
• Contracting Unit Supervisors
• Project Engineers
• Project Managers
• Claims Managers and Business Audit Officers
• Risk Managers
• Contract Strategists
• Staff who are new to their roles, or experienced staff looking for a refresher program

COURSE OUTLINE

DAY 1 – The Legal Framework of Contracts

• External and internal dimensions of a business relationship
• Sources of Law
• Formation of a Contract
• The key elements of a contract
• Oral or written?
• Terms of the contract
• Inter-business contracting
• Law of Agency
• Developing legal knowledge and skills

DAY 2 – Issues of validity of a contract

• Precedence of documents in a contract
• Delivery, acceptance and transfer of title and risk
• Liability in negligence – relationship with contract conditions
• Product liability and defective goods
• Overview of requirements of a valid contract
• Letters – Intent; Instruction/Award; Comfort; Awareness
• Conflict of Laws and Choice of Law and jurisdiction Clauses

DAY 3 – Model Form Conditions & International Contracts

• Types of Standard Form/Model Form Conditions
• Drafting Standard Terms
• Potential Problems with Standard Form Contracts
• Limiting or excluding liability
• Unequal Bargaining Positions
• International Trading reducing exposure to risk
• Intellectual property clauses – special issues 

DAY 4 – Payment Issues & Post contract Liability

• Variation of Contract Terms
• Variation of Scope of Work
• Management of Variations and retaining control of the contract
• Payment and money events
• Delay, suspension and extension of time
• Finance and Payment in International Trade
• Bonds and Guarantees
• Defects Liability
• Termination of the Contract and Remedies
• Mitigation of losses and claims

DAY 5 – Resolution of Disputes

• Negotiation, compromise and settlement
• Alternative dispute resolution
• Litigation
• Arbitration
• Managing disputes
• Developing an exit strategy