Techniques and Best Practices in Contract Drafting, Review, and Analysis

Day 1:

• Basic concepts of contracting.

• Definition of a contract.

• Differences between an agreement and a contract.

• Origin and development of contracts.

• Contract and deed.

• Contract law in civil and general law.

• Civil and administrative contract interpretation.

• Types and divisions of contracts.

• Contracting skills and methods.

Day 2:

• The importance of contracts.

• Definition and meanings of contracts.

• Types and divisions of contracts.

• Various stages of a contract.

• Contract terms.

• General elements of a contract.

• Characteristics of contract drafting.

• How to draft and write contracts.

• Avoiding common errors in contract drafting.

• Factors of success and effectiveness in contracts.

• Planning and executing contracted projects.

Day 3:

• Supervising contract execution and monitoring.

• Contract ceremonies and announcements.

• International sales contract.

• Contracting methods and techniques.

• Preparing a scope of work and specifications.

• Formal and substantive elements of a contract.

• Formal elements of a contract: writing, signature, and stamp.

• Exchange of final contract documents.

Day 4:

• Substantive elements of a contract.

• Formation of the contract.

• The oral evidence rule.

• Self-evidence and substantive evidence.

• Mutual agreement:

  • Positive acceptance.

  • Recognition.

• Consideration:

  • Consideration theory in French law.

  • The primary principles governing consideration in English law.

• Necessary conditions for the place of commitment.

• Types of contractual obligations.

• Contractual obligations classification (acknowledgment, warranty, social conditions, and conditions associated with promises).

Day 5:

• Drafting principles.

• Expert and non-expert drafter.

• Drafting standards.

• Drafting rules.

• How to draft.

• Basic language for contractual obligations.

• Five ways to fill gaps.

• Typical contract clauses.

• The negotiation of contractual claims.

• Entering into claims.

• Make whole method.

• Bottom Line method.

• Types of claims.

• Sources of claims in construction contracts.

• Elements of the claim documentation file.

• The burden of proof.

• The oral warning in claims.

• Earning enhancement claims.

• Delay in progress payments.

• Claims due to price increases.

• Claims related to force majeure.

• Within scope of work change orders.

• Beyond scope of work change orders.

• Timing and value of change orders.

• Avoiding claims.

• Contractor's obligations.

• Claims divisions.