An Intensive 5-day Training Course
The 5-day Contract Professional Training:
Contract Creation, Drafting, Negotiation and Management
CLASSROOM DATES
INTRODUCTION
In every organization, the basis of business activity is the creation, drafting, negotiation and management of contracts. Those involved in the contracting process are, rightly, required to act as contracts professionals, and can no longer afford to treat contracts as an adjunct to their main roles. The increasing complexity of contracts, particularly when used in an international context, has brought the need for such skills into sharp focus.
With these matters in mind, The 5-day Contract Professional training course is designed to:
- Examine the basis of contracting, with particular reference to international contracts
- Explore the ways in which contracts are created, including competitive tendering
- Look at some of the issues in drafting contracts, including clarity of language
- Show how to prepare for and conduct negotiations, whether on the terms of the contract itself, or on claims arising after the contract has been created
- Review some major issues taking a contract through to close out
TRAINING OBJECTIVES
- Understand the issues behind contracts
- See how contracts can be used in an international context
- Explore ways of creating contracts, and the different strategies available for different types of project
- Review different types of contract
- Examine some of the issues that arise in drafting contracts
- Develop improved skills in negotiation relating to contracts
- Share examples of how to manage contracts to maximise the result for the organisation
WHO SHOULD ATTEND?
This intensive EuroMaTech training course is suitable for personnel from all industrial fields and different purchasing methods involved at any stage of the contracting process:
- Engineering
- Projects
- Construction
- Tenders
- Contracts
- Buying
- Purchasing
- Procurement
- Commercial
- Finance
Those new to the function, or preparing for a major project will find a solid grounding, and experienced managers looking for a refresher will also benefit from this training course.
TRAINING METHODOLOGY
The 5-day Contract Professional 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. Wherever possible, real examples and short case studies will be included from different industries around the world to make the course as relevant as possible.
TRAINING SUMMARY
This EuroMaTech training course covers the contracting process from the concept of contracts, through the creation of the contract by tendering or otherwise, and looks at the drafting of contracts, and the skills needed for negotiation in a contractual environment through contract 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.
TRAINING OUTLINE
Day 1 : The Basis of Contracts
- The basis of contracts around the world
- How is a contract formed?
- Exchange of promises
- Formalities
- Writing
- Formal signing / sealing
- Stamp Duty or other taxes
- Mental capacity
- Age of the Parties
- Status of Companies and other corporate bodies
- Witnesses
- Authority to contract
- How is this proved?
- Powers of Attorney
- Special issues with foreign parties
- Issues with agents
- What happens if there is no agreed contract?
Day 2 : Creating a Contract
- Tendering
- Why do we use competitive tendering?
- Dealing with challenges
- Other procurement methods
- Single / sole sourcing
- Framework Agreements
- Negotiated contracts
- Different contract types
- Traditional
- More innovative
- Selecting the right one for your project
- Using Standard Forms
- Company
- International
- Awarding the contract
- Letters of Intent
- Letters of Award
- Conditions Precedent
- Conditions Subsequent
- Collateral documents
- Bonds
- Guarantees
- Insurance arrangements
- De-briefing bidders
- Kick-off meetings
Day 3 : Drafting Contracts
- Clarity of language
- Issues with translations
- Some critical clauses
- Health, safety and the environment
- Standard of work / product / service
- Changes to the scope of work
- Indemnities
- Insurance
- Time for delivery
- Liquidated damages / Penalties
- Force Majeure
- What it is and what it is not
- Limitation of liability
- Warranty and guarantee periods
- Suspension and Termination
- For convenience
- For cause
- Entire Agreement
- Notices
- Which law applies?
- Exercises in drafting
Day 4 : Negotiation
- Negotiation phases
- When awarding a contract
- In relation to disputes under the contract
- Negotiation techniques
- Preparation
- What to do in the actual negotiation
- Dealing with difficult parties
- Exercises in negotiation
- Dispute resolution
- Phase negotiation
- Arbitration
- Courts (litigation)
- Mediation
- Expert determination
- Other alternative solutions
- Issues where disputes are resolved in an international context
Day 5 : Contract Management
- Project and contract management distinguished
- Roles in Contract Management
- Document control
- Control of change
- Payment processes
- Impact of delay
- Issues in international contracts
- Managing a termination
- Close out – contractual issues
- Final course review and questions
CALL ME BACK
Do you wish for us to conduct this course at your premises?
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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.
FAQ
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 [email protected]
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 [email protected]
