Contract Management & Negotiation Strategy Masterclass

Introduction

Course objectives of Management and Negotiation Skills

• Understand the need to negotiate the “deal” before structuring the contract documentation
• Utilize the tools & techniques to assist in such negotiations & enhance the efficient management of contract
• Assess the drafting and modification of specific contract clauses, using real examples
• Introduce some of the differences in approach in different jurisdictions
• Examine ways to avoid disputes, or to manage them successfully
• Practical tips for business professionals to deal with the consequences of non-performance
• Analyzing the mechanics of contracting in the English language

Course outlines of Management and Negotiation Skills

Day 1

What is the “deal” behind the contract, and how do you get there?

• What constitutes a contract: form, ingredients, and basic structure
• The context of commercial arrangements
• Innovative commercial solutions (e.g. Partnering, “BOOT” contracts, etc)
• Relationship between negotiation and contract drafting
• Closing a deal - Authority to sign and agency principles
• Formalities to finalise the contract

Day 2

Negotiating and Drafting Contracts

• Negotiating Principles in Contracting
• Negotiating in difficult and complex situations
• Structuring complex documents – the hierarchy of terms
• Using and modifying standard forms
• Precedent in international contracting
• Dealing with contract qualifications and amendments

Day 3

Drafting Specific Clauses

• Operative provisions and performance obligations
• Title, Risk, and Payment provision
• Contract variations: transfer of rights, amendment, and the scope of work
• Termination, suspension, and remedies for default
• Limitation and exclusion of liability, force majeure, and waiver
• Law of the contract and dispute resolution

Day 4

Effective Contracts Management

• Risk assessment and management
• Assignment of responsibilities and kick-off meetings: setting and managing expectations
• Dealing with defaults, delay, and disruption
• Managing claims
• Payment issues – including international trade
• Lessons learned

Day 5

Dealing with Disputes

• Recognizing potential problems and dealing with issues as they arise
• Legal rights and commercial outcomes distinguished
• Negotiation structures for internal dispute resolution
• External dispute resolution – Litigation and Arbitration
• Modern alternatives in dispute resolution -?Adjudication?Expert Determination?Mediation
• Overview of the course, and final question session