OBJECTIVES

By the end of this training course, participants will be able to:

• Develop project plans focused on delivering sustainable benefits.
• Lead project teams in the use of contracts and delivery of projects
• Manage relationships with project stakeholders and contractual partners.
• Improve their understanding of the role of contracts within a business!
• Apply the latest international thinking in dispute resolution.

CONTENT

What are Contracts and how are they Created?

• The need for contractual relationships
• What is needed to create a valid contract? Ingredients and formalities
• Authority and agency
• The tender process
• Alternative sourcing
• Making contracts enforceable - with particular emphasis on the international context

The Structure of Contracts

• Form of Agreement
• Hierarchy of Terms and Conditions
• Different contractual structures - Traditional and New
• Risk and Title (ownership) in international trade. When does it transfer?
• Notices and other formalities
• Which law and which courts?

Collateral Documents

• Securitising performance obligations
• Bonds and guarantees.
• Parent company guarantees.
• Letters of intent, comfort, or awareness
• Insurance policies
• Assessing the need for financial security

Change and Variation

• Changes to Contract documents
• Assignment/Novation explained and distinguished.
• Variation clauses and changes to the scope of work
• Claims - what they are, and how they arise.
• Delay and disruption
• Force majeure

Resolving Disputes

• Conflict avoidance and tiered dispute resolution clauses
• Negotiation
• Litigation
• Arbitration
• Mediation, and new best practices in dispute resolution and management
• Final questions and review of course

FOR WHOM:

Legal Officers and others who perform related functions.

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.