Advanced Contracts Management
| Ref |
CM 630 |
CM 120 |
CM 390 |
CM 660 |
| Dates |
14 - 18 December 2009 |
15 - 19 March 2010 |
26 - 30 July 2010 |
13 - 17 December 2010 |
| Venue |
Kuala Lumpur |
Kuala Lumpur |
California |
Kuala Lumpur |
| Fees |
US$ 4450 |
US$ 4450 |
US$ 4450 |
US$ 4450 |
| CPE
Credits |
30 |
30 |
30 |
30 |
INTRODUCTION
In every organization the effective expenditure of enormous sums of money and resources is dependent on successful contract management activities. Selecting the appropriate contracting models and creating and managing formal agreements with suppliers of goods and services requires not only a complete understanding of the business requirements and organization needs, but also depends on keeping up-to-date on contracting. This programme is designed to:
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Explore the advanced practices generally viewed as leading to World-Class performance in contract selection, development and management
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Enable participants to determine where they are now
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Help participants to begin immediate implementation of the steps needed to create maximum total value for their organisation
WHO SHOULD ATTEND?
This intensive 5-day programme is suitable for personnel from all industrial fields and different purchasing methods:
- Engineering
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Projects
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Construction
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Tenders
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Contracts
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Buying
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Purchasing
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Procurement
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Commercial
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Finance
Those new to the function, preparing for a major project, or experienced managers looking for a refresher will also benefit from this programme.
PROGRAMME OBJECTIVES
- Be more effective in contract management activities
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Select appropriate type and form of contracts for different situations
- Anticipate problems and manage risks
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Integrate contract management with contract needs
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Understand the best means of handling disputes and performance issues
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Establish terms and conditions for different situations
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Have the latest advances in contract selection and management
TRAINING METHODOLOGY
The programme will combine conventional teaching with a high level of participation; including an interactive approach to involving participants in discussion of topics; exercises; and encouraging participants to bring their own experiences forward for discussion and debate.
PROGRAMME SUMMARY
The programme covers the contracting process from tendering and award, through planning and management to close out and resolution of disputes. The intention is to develop general skills with application to a wide range of contractual situations, and to allow participants to have an awareness of practices in other areas and other industries which may add value to their own situations.
PROGRAMME OUTLINE
DAY 1 - The Basis of Contracting
Principles of Good Contracting
- Why do we use contracts?
- Key steps in the creation of a Contract
- Essential elements of a valid Contract
- Overview of Tendering & Contract Award Process
- Advantages of tendering and some pitfalls to avoid
- Distinquishing price and values
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Other Types of Obligation Documents
- Bonds and guarantees
- Letters of intent and award - are they contractual?
- Letters of Comfort - Do they mean anything?
- Side letters - why they can be dangerous
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When to Obtain Legal Advice
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Law of Agency
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Authority to sign contracts
Organising strategies for Contract Management
DAY 2 - Risks and selecting the right contract structure
Assessing and allocating risk
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Identifying Risk
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Apportioning Risk
- Incorporating Risk Assessment and Management
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Selecting types of contract
- Traditional - lump sum, schedule of rates, reimbursable etc
- EPC
- BOT/BOOT
- Alliance/partnering
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Warranty Management
DAY 3 - Major Contract Terms to aid the handling of performance issues
Effective handling of Contract Performance issues
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Design and Specification
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Work Ordering Process
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Obligation to perform work
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Transfer for ownership
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Risk of damage
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Contract Administration
- Reporting Mechanisms
- Cost Control
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Recovery Clauses - Acceleratrion
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Insurance and Indemnities
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Termination and suspension
DAY 4 - Managing Change within a Contract
Developing Contract Terms and Conditions
- Finding Contract Templates
- Using standard form documents
- Modifying standard forms
- Drafting special conditions
- Issues for subcontracts
DAY 5 - Resolution of Disputes
Eliminating sources of Contract disputes
Resolving disputes
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Negotiation
- Stage processes
- The need for compromise
- Negotiation techniques
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Litigation
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Arbitration
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Alternative Dispute Resolution
- Expert determination
- Early neutral evaluation
- Mini-Arbitration
- Mediation
- Med/Arb and Arb/Med
- Pendulum Arbitration
- Dispute Review Board and similar arrangements
The future in the Middle East
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Revisiting Strategic Alliance and Partnering Agreements and BOT/BOOT
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Prime Contracting and other Consolidated Sourcing Contracts
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Online Contracting and e-tendering
Contract Management Review and Summary
To
Register on this seminar, please click
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