Negotiating, Drafting and Understanding Contracts

Introduction

This highly interactive training seminar focuses on how your organisation can minimise its exposure to risk, reduce costs and the potential for disputes by discussing the key aspects of understanding, drafting and negotiating contracts.  It identifies how clear and concise drafting can produce greater efficiencies in your organisation.   It also features how to monitor and manage performance failures, and provides tools, tips and techniques on effective resolution of disputes to minimise cost and reputational risk exposure to your organisation.

Skilled negotiators can help not only to minimise risk and increase profit for your organisation, but can also set the foundation for long and mutually beneficial relationships. This training seminar provides practical guidance and key strategies and techniques to appreciably enhance your ability to negotiate more favourable contracts, and to better negotiate solutions to disputes that may arise.

This training seminar will highlight:

  • How contracts can be used to manage risk
  • The use of different contracting strategies
  • Proper contract formation and drafting
  • Ways of dealing with performance failures
  • Strategies, tools and techniques for effective negotiation
  • Managing claims and resolving disputes

Objectives

At the end of this training seminar, you will learn to:

  • Evaluate the most appropriate contracting strategy
  • Assess and manage key contractual risks
  • Identify and avoid drafting pitfalls
  • Compare ways of dealing with performance failures

Successfully negotiate deals, contracts and disputes

Training Methodology

Participants will gain greater knowledge through presentations by an experienced international practitioner designed to both educate and challenge.  Extensive use will be made of case studies and real examples of contracts and projects. Open and instructive group discussions will also be facilitated encouraging delegates to raise questions, and share their own experiences.

Organisational Impact

Commercially successful contracts support the ongoing profitability of your organisation; assessing the issues and how to deal with them can be a daunting task.

Your organisation will benefit by:

  • Developing an appreciation of the risks of using different types of contracting strategy
  • Enhancing internal capacity to assess and manage key contractual risks
  • Identifying the enforceability and interpretation of contract terms and conditions
  • Minimising the time and cost impact of potential conflicts and disputes
  • Ensuring better monitoring and managing of performance issues
  • Exploring alternative ways of reducing the impact of disputes

Personal Impact

Attendees will gain by participation in this training seminar as a result of:

  • Broadening your knowledge of a variety of contracting strategies
  • Extending your understanding of key risk areas and their management
  • Improving your knowledge of contract formation and proper drafting
  • Developing your knowledge of monitoring and managing performance failures
  • Enhancing your strategic negotiation skills
  • Boosting your confidence in dealing with potential disputes

Who Should Attend?

This training seminar will benefit all levels of personnel involved in any aspect of contract procurement and implementation. It will enable a broad range of disciplines to appreciate and understand effective negotiating and drafting, and managing contracts.

This training course is appropriate to a wide range of professionals but will greatly benefit:

  • Project and General Management
  • Contracts administrators, managers and claims handlers
  • Procurement and purchasing staff
  • Engineering, operational and maintenance personnel
  • Commercial, financial and insurance professionals

Course Outline

Seminar Outline

Function, Formation and Validity of Contracts

  • Key Principles
  • Choosing the Right Strategy
  • Structure, Format and Incorporation of Documents
  • Language, Words and Phrases
  • How to Avoid Drafting Pitfalls
  • Use of International Standard Forms

Main Contract Clauses

  • Delivery, Performance and Acceptance
  • Title and Risk
  • Programming and Completion
  • Changes and Variations
  • Price and Payment Terms
  • Security and Withholding Rights

Other Key Clauses

  • Force Majeure
  • Intellectual Property Rights
  • Indemnities and Insurance
  • Bonds, Guarantees, Warranties
  • Remedies for Default
  • Damages and Limits/Exclusions of Liability

The Role of Negotiation

  • What Is It – Why Use It?
  • Characteristics of a Good Negotiator
  • Negotiation Strategies
  • Key Stages of Negotiation
  • Tools and Techniques
  • Negotiation in Practice

Dispute Management

  • Choice of Law, Forum and Jurisdiction
  • Contractual Management of Disputes
  • Alternative Dispute Management Strategies
  • Litigation or Arbitration?
  • Enforcement Measures
  • Open Forum – Questions and Final Review
Starting: 01 March 2021 Ending: 12 March 2021
USD 1,975
Arusha, Tanzania
To cover tuition and training materials only.

Please take note that hotel accommodation, travel and out of pocket expenses will be borne by the sponsoring organization.

The cost covers only tuition, stationery, presentation slides, soft and hard copies of course materials, coffee/tea breaks, lunch, tour to tourist attraction sites and administrative expenses.

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Working hours

Monday 9:30 am - 6.00 pm
Tuesday 9:30 am - 6.00 pm
Wednesday 9:30 am - 6.00 pm
Thursday 9:30 am - 6.00 pm
Friday 9:30 am - 5.00 pm
Saturday Closed
Sunday Closed