Contract Writing, Planning & Management
Contract Writing, Planning & Management
OBJECTIVES
Upon completion of this seminar, participants will know:
- Contract planning by risk assessment
- Contract types
- How to write contract clauses
- Important elements of a Contract
- Developing better warranties provisions
- Structuring economic price adjustments
- Specific Contract Clauses to improve performance
- • Important elements of Contract Management
WHO SHOULD ATTEND?
The program is designed for Engineering, Operational, Maintenance, Purchasing, and Contracts personnel at all levels who are involved in the planning, development, approval, and management or contracts that cover the acquisition of materials, equipment, software, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities.
COURSE OUTLINE
Contract Management
- Defining Contract Management
- Essential Activities in Contract Management
Planning the Contract
- Who writes the Contract
- The importance of the Contract
- Reviewing the Tender Request
- Identify Basic Planning Assumptions
- Reviewing Historical Data Check List
Statement of Work
- Types Of Statement Of Work
- SOW Impact On The Contract
- Basic Items That Should Be In A Statement Of Work
Conduct Risk Assessment
- Elements of Risk
- Commercial Issues vs. Legal Terms
Basic Contract Types
- Fixed Price
- Cost plus Fixed Fee
- Time and Material
- Incentive or Award
- Economic Price Adjustment
Important Elements of the Contract
- Format Of The Contract
- Essential Elements
- Objectives of the Contract
Contract Check Lists
- Short Forms
- Expanded Check lists
- Sources for Check Lists
Specific Contract Clauses
- Integration
- Buyer’s Rights Before Performance Is Due
- Inspection, Acceptance, Rejection
Warranties
- Major Issues Related To Warranties
Performance-Based Service Contracts
- Uniqueness of Service Contracts
- Performance Measures
What about Penalty Clauses
- Is it Legal?
- Liquidated Damages
Contract Clause for
- Force Majeure/Delays
- Governing Law
- Assignment
Contract Clause for
- Spare Parts
- Consumables
- Price Protection
Writing Clauses for
- Delivery/Shipping
- Price/Payment
- Methods of Payment
- Progress Payments
Large Software Acquisitions
- Causes of Failure
- Protections
- Software Escrow Agreement
How to deal with Contract Changes
- Major Reasons for Changes
- Change Control
How Contracts may end
- Completion and Expiration
- Termination & Cancellation
Letters of Intent
- Major Issues
Legal Concepts That May Supplement Written Terms
- Course of Performance
- Course Of Dealing
- Usage of Trade
Engineering Services, Equipment Sales, Construction
Contracts
- Model Agreement
Breach of contract
- What constitutes a Breach?
- Remedies for Breach of Contract
Bonds and Guarantees
- Types of Bonds & Guarantees
- Do They Help
Disputes Resolution
- What is a Dispute?
- Methods to Resolve
- Preparing for Contract Disputes
- Contract Clauses for Disputes
Clauses related to Fraud Prevention
- Anti-Kickback Procedures
- Price or Fee Adjustment for Illegal or Improper
- Activity
Contract Review Process
- Developing the Check List
Course Summary
- Now go Advance