An Intensive 5-day Training Course
Management of Contracts and Contract Claims
Mastering the Art of Contract Negotiations and Claim Resolutions
CLASSROOM DATES
ONLINE DATES
INTRODUCTION
While the object of international contracting is to write and manage contracts so as to minimize disputes, some disagreements are inevitable. These can arise from failures by one of the parties, but also often arise from misunderstandings as to obligations under the contract.
This Management of Contracts and Contract Claims training course will look at how claims (and counter claims) arise, how they can be reduced or avoided by good contracts management, how they should be evaluated when received, or prepared when being delivered and how to resolve disputes arising from such claims. It will also, and most importantly, look at ways of avoiding disputed claims in the first place.
The EuroMaTech training course will deal with commercial disputes arising from Contracts written in the English language and will use techniques which have wide application to the resolution of many different types of disputes. In particular, this EuroMaTech training course will address:
- The causes of claims and disputes
- How to improve contracts management leading to fewer disputes and more rapid resolution of those that do arise
- Negotiation skills, which will be useful tools in all types of negotiating
- Some of the available methods of resolving disputes, beyond courts and arbitration
- The impact of foreign legal systems
- The management of the dispute resolution processes
TRAINING OBJECTIVES
This training course aims to enable participants to achieve the following objectives:
- Provide an understanding of how and why claims and counterclaims arise
- Explain the differences between claims and counterclaims
- Identify common causes of claims and disputes, and how to avoid them
- Discuss how to develop contracts management procedures to avoid disputes over claims and counterclaims, while resisting unjustified claims
- Enhance understanding of basic negotiation techniques to be used when resolving disputes
- Provide an understanding of some of the main methods of dispute resolution involving third parties
- Develop an understanding of Traditional and Alternative Dispute Resolution techniques, including different ways of resolving disputes without recourse to courts or arbitration
- Provide strategies and tactics for negotiating during disputes
- Explain how to use contract provisions to reduce the risk of claims and disputes
WHO SHOULD ATTEND?
- Contracts Analysis
- Contract Engineers
- Cost / Planning Engineers
- Individuals involved in tendering /contracting functions
- Project Managers
- Contract Administrators
- Contracting Unit Supervisors
- Claims Managers and Business Audit Officers
- Contract Strategists
- General Managers involved in contract negotiation and disputes
- Commercial Managers
- Legal Department staff looking for new techniques and an international approach
- Anyone involved in the strategy and management of disputes
TRAINING METHODOLOGY
This EuroMaTech Management of Contracts and Contract Claims training course will involve a high level of interaction and delegate participation. The intention is that the trainer will explain issues using real examples, many from the trainer’s personal experience, but will then involve the delegates in discussion, using the information provided. There will also be role play sessions on negotiating, where delegates will work as teams to seek to agree disputes in realistic scenarios.
Delegates are encouraged to bring real problem examples with them, for discussion on a confidential basis, and to share their experience of particular issues in their company or industry. Time will be allowed for general discussions and for one-to-one discussion with the trainer.
TRAINING SUMMARY
This EuroMaTech Management of Contracts and Contract Claims training course will address how claims arise, and how they can best be avoided or managed. Participants will be introduced to some of the latest international practices in dispute resolution and shown how to build such practices into their contract documents. >View: Contracts Management Training Courses
TRAINING OUTLINE
Day 1: How Claims and Counter Claims Arise
- Causes of Typical Claims
- Poor Drafting of Requirements
- Lack of Clarity in Scope of Work / Services
- Misunderstanding of Legal or Technical Obligations
- By Client
- By Contractor / Supplier
- Deliberate “misunderstanding”
- Counter Claims – how they differ from claims
- Rights of set-off
- Overview of main contractual provisions relevant to claims and counter claims
- Obligation to Perform Work
- Standards
- Programme
- Acceleration
- Variations
- Extension of time
- Force Majeure
Day 2: Types of Claims and Counter Claims
- Types of claims, in construction and other areas – and their distinctive features
- Re-measure disputes
- Variations – disputes on valuation
- Variations – disputes as to whether there is change
- Breaches of Contract
- Quality of Workmanship
- Re-work
- Rejection of Goods
- Full rejection
- Partial rejection
- Liquidated Damages and Penalties
- Warranty Claims
- Special Issues with EPC / Turnkey Contracts
- Interface Problems – are these always the Contractor’s responsibility?
- Tracking change where client involvement is limited
- Special issues with documentation in EPC and turnkey contracts
Day 3: Presenting and Evaluating Claims and Counter Claims
- Requirements for Claim Presentation
- Notices
- Timing, and Time Limits
- Are time limits binding?
- Format
- Information
- Supporting documents
- Defining Features of Claims Evaluation and Management
- Recognising the causes of claims
- Warning signs of disputes
- Recording claims
- Reviewing claims
- Requesting further information
- Realistic appraisal
- When to make admissions – and denials
- Offers of settlement
- Independent review
- Cumulative effects
- Managing claims quickly and effectively to avoid disputes
- Managing claims and disputes
- Involving lawyers
- Managing the legal process
- Setting goals
- Decision trees
- Controlling costs – and including them in your thinking
Day 4: Dispute Resolution
- What is a dispute?
- Introduction to dispute resolution methods and techniques
- Stage negotiation – setting up internal dispute resolution within the contract
- Measures of success – win-win negotiation
- Understanding what constitutes a “win” for you
- What will be a “win” for the other party?
- Mirror negotiation / red teams
- Negotiating “without prejudice”
- Making offers
- Compromise
- Bargaining
- Interest-based negotiations
- Moving away from rights-based thinking
- Making the cake bigger – settling other issues
- Non-financial solutions
- Long-term business relationships
- Conflict and its Resolution
- Defusing conflict
- Personality clashes and how to avoid them
- Dealing with disputes as they arise – not letting them fester
- Traditional dispute resolution
- Litigation
- Use of foreign courts
- Enforcement
- Arbitration
- Domestic
- International
- Single or Panel
- Enforcement
- Issues with evidence and production of documents
- Litigation
- Differences between alternative dispute resolution methods
- Mediation
- Med / Arb and Arb / Med
- Adjudication
- Expert determination
- Early Neutral Evaluation
- Mini-Arbitration
- Dispute Review Boards
- Pendulum Arbitration
Day 5: Ethics and How to Avoid Disputes
- Ethical Concerns
- Audit trails
- Avoiding the suspicion of unethical behaviour
- Problems with settlements based on interests, not rights
- Applying the same anti-corruption systems to claims as to tendering
- Avoidance is better than resolution
- Avoiding claims and counter claims
- Avoiding disputes
- Avoiding litigation and arbitration
- Practical Application of Techniques
- Opportunities to role play a few straightforward negotiation scenarios involving typical contractual claims, counter claims and disputes
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ACCREDITATION
EuroMaTech is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org.
Euromatech is a Knowledge & Human Development Authority (KHDA) approved training institute in Dubai, licensed and approved to deliver training courses in the UAE.
The KHDA is the regulatory authority in the UAE, that oversees administering, approving, supervising, and controlling the activities of various education providers in the UAE. We are proud of our commitment to ensuring quality training courses and status as a KHDA-approved training provider.
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FAQ
What makes EuroMaTech a leader in professional training?
EuroMaTech stands out as a leader in training and professional development due to:
- 30+ years of experience delivering high-impact training courses across industries.
- Accreditations from leading institutions, ensuring top-tier course quality and recognition.
- A portfolio of thousands of training courses, serving professionals at every level.
- A focus on innovation and future-ready learning models, including blended and digital training.
- Long-term partnerships with organizations globally, ensuring sustained success through talent development.
How can I register for a EuroMaTech training course?
To register for a training course, you can:
- Visit the EuroMaTech website, browse the available courses, and follow the online registration process.
- Contact EuroMaTech’s support team for assistance with course selection or inquiries about corporate training solutions.
Does EuroMaTech offer international training courses?
Yes, EuroMaTech delivers training courses in major cities worldwide, including locations across Europe, Asia, Africa, and the Middle East, in addition to its extensive presence in Dubai.
Where are EuroMaTech’s training courses held?
EuroMaTech conducts its training courses at prestigious venues across Dubai and other major international cities. Additionally, virtual training options are available, allowing participants to join courses remotely from anywhere in the world.
What ISO training courses does EuroMaTech offer?
EuroMaTech provides a range of ISO certification and compliance training courses, including:
- ISO 9001 – Quality Management Systems Training
- ISO 45001 – Occupational Health & Safety Management Training
- ISO 14001 – Environmental Management Systems Training
These courses help organizations adopt internationally recognized standards and improve their overall performance.
How does EuroMaTech ensure the quality of its training courses?
EuroMaTech ensures the highest standards by:
- Partnering with globally recognized accrediting bodies such as ILM, CPD, PMI, NEBOSH, and HRCI.
- Designing training courses with a focus on practical, real-world applications.
- Using experienced instructors with industry expertise.
- Continuously updating course content to reflect current trends and best practices.
Does EuroMaTech provide customized corporate training courses?
Yes, EuroMaTech specializes in tailored corporate training courses designed to meet the unique needs of organizations. These customized courses are ideal for businesses seeking to upskill teams across different departments or regions.
How many professionals have attended EuroMaTech’s training courses?
EuroMaTech has successfully delivered thousands of training courses, with thousands of professionals from over 50 countries attending annually.
What industries does EuroMaTech serve through its training courses?
EuroMaTech provides specialized training courses for a wide range of industries, including:
- Oil & Gas
- Energy & Power
- Construction & Infrastructure
- Banking & Finance
- Healthcare
- Telecommunications
- Logistics & Supply Chain
- Aviation & Aerospace
- Government & Public Sector
- Hospitality & Tourism
- Information Technology & Cybersecurity
- Human Resources & Talent Management
Are EuroMaTech’s training courses accredited?
Yes, EuroMaTech’s training courses are accredited by globally recognized institutions, ensuring high-quality, internationally respected certifications. Key accreditations include:
- ILM (Institute of Leadership & Management)
- CPD (Continuing Professional Development Certification Service)
- PMI (Project Management Institute)
- NEBOSH (National Examination Board in Occupational Safety and Health)
- HRCI (Human Resource Certification Institute)
What types of training courses does EuroMaTech offer?
EuroMaTech offers a diverse portfolio of training courses designed to meet the needs of professionals at all levels. These include:
- Leadership & Management Development Training
- Technical & Engineering Training Courses
- Project & Risk Management Training
- Health, Safety & Environmental (HSE) Training
- Finance & Accounting Training Courses
- ISO Compliance & Certification Training
- Human Resources & Talent Management Training
- Soft Skills & Communication Training Courses
Do you provide assistance with hotel accommodation?
Yes, we can assist you with the following:
- Corporate Discount: If available, we can extend our corporate discount for your stay at selected hotels.
- Hotel Suggestions: We can provide recommendations for nearby hotels based on your preferences and budget.
Feel free to explore online booking platforms for the most cost-effective options.
Do you offer customized training for organizations?
Yes, we provide tailored training solutions designed to meet the specific needs of your organization. Customized courses can be delivered either in-person or online, and you can select the dates and duration that best fit your schedule. For more details, please contact us at inhouse@euromatech.com
What types of training formats do you offer?
We provide two flexible training formats to suit your preferences:
- Classroom Training: Experience in-person learning with expert instructors. Engage in interactive discussions, hands-on activities, and benefit from face-to-face networking.
- Online Training: Join live online sessions from anywhere, offering flexibility for those with busy schedules or who prefer remote learning.
- In-House Training: We can bring our training directly to your organization, allowing for tailored sessions that address your specific needs and objectives.
Can you assist with visa arrangements?
Yes, we can help by issuing an official Letter of Invitation once you’ve confirmed your training registration, which can assist in your visa application process.
Who will be the senior consultant leading the training?
We are happy to share the profiles of our expert instructors. To learn more about their qualifications and experience, please contact us info@euromatech.com
