Advanced Contracts Management

Ref	CM 200	CM 330	CM 610
Dates	14 - 18 March 2011	6 - 10 June 2011	19 - 23 December 2011
Venue	Kuala Lumpur	London	Kuala Lumpur
Fees	US$ 4450	US$ 4450	US$ 4450
CPE Credits	30	30	30

EuroMaTech has been reviewed and approved as a provider of project management training by the Project Management Institute (PMI)

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:

Explore the advanced practices generally viewed as leading to World-Class performance in contract selection, development and management
Enable participants to determine where they are now
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
Projects
Construction
Tenders
Contracts
Buying
Purchasing
Procurement
Commercial
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
Select appropriate type and form of contracts for different situations
Anticipate problems and manage risks
Integrate contract management with contract needs
Understand the best means of handling disputes and performance issues
Establish terms and conditions for different situations
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
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
When to Obtain Legal Advice
Law of Agency
Authority to sign contracts

Organising strategies for Contract Management

Defining Contract Management Responsibilities
Basic contract planning
Communication and managing expectations

DAY 2 - Risks and selecting the right contract structure

Assessing and allocating risk

Identifying Risk
Apportioning Risk
- Incorporating Risk Assessment and Management
Selecting types of contract
- Traditional - lump sum, schedule of rates, reimbursable etc
- EPC
- BOT/BOOT
- Alliance/partnering
Warranty Management

DAY 3 - Major Contract Terms to aid the handling of performance issues

Effective handling of Contract Performance issues

Design and Specification
Work Ordering Process
Obligation to perform work
Transfer for ownership
Risk of damage
Contract Administration
- Reporting Mechanisms
- Cost Control
Recovery Clauses - Acceleratrion
Insurance and Indemnities
Termination and suspension

DAY 4 - Managing Change within a Contract

Understanding change

Changes to the contract documents
Variations in scope
- Increases and decreases
- Change in timing
- Change in method of working
Managing change
Risks of uncontrolled change

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

Errors and omissions
Anticipating and avoiding Conflicts
Dealing with Unknowns
Tracking Changes
Managing Expectations

Resolving disputes

Negotiation
- Stage processes
- The need for compromise
- Negotiation techniques
Litigation
Arbitration
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

Revisiting Strategic Alliance and Partnering Agreements and BOT/BOOT
Prime Contracting and other Consolidated Sourcing Contracts
Online Contracting and e-tendering

Contract Management Review and Summary

Programme highlights and final observations

To Register on this seminar, please click here