Course Description

 

Understanding contract law has become an essential part of conducting our daily business functions. Whether you are in purchasing, contract management, subcontracts, project management, general management or sales, you are constantly involved with legal and contract principles, sometimes without even realizing it.

Your ability to be effective and to keep your company out of costly and time-consuming legal disputes depends on your knowledge or relevant laws, but also on the ability to read and understand Contracts, to manage how the documentation is prepared, and to develop such Contracts effectively.

Too often the structure of the Contract documents, and the actual wording used is not properly understood by those who are making decisions relating to those Contracts, and non-specialists are reluctant to get involved in the process of developing the documents which are critical to their company’s success.

 
This course is not intended to provide a full training in contract law. It is, however, intended to develop skills in the management of the structure of the terms and conditions included in Contracts.
The course will deal with Contracts written in the English language, and follow principles widely used in international contracting

Course Objective

 

·         Provide an understanding of the contracting process

·         Enhance understanding of the legal principles behind contracts

·         Provide an understanding of some of the main clauses in different types of agreements, and their particular significance

·         Show how simplified wording can improve the effectiveness of contracts without damaging their legal impact

·         Explain the commercial impact of particular provisions.

·         Develop an appreciation of particular problem areas, and how to avoid them

·         Enhance the understanding of the use of standard terms, and the distinction in management terms between contracts and purchase orders, while emphasizing that both are legal contracts

·         Provide an understanding in how to develop terms and conditions

 

Who Should attend?

 

 

·         Contract Administrators

·         Contracting Unit Supervisors

·         Project Engineers and Project Managers

·         Business Audit Officers

·         Contract Strategists

·         General Managers involved in developing contracts or contract negotiation

·         Commercial Managers

Course Outline

 

Day 1
Review of contracting, and Terms and Conditions

·         Review of the contracting process

·         Review of main terms
- Significance
- Specific examples
- Problems to avoid

·         Using simple wording

 

Day 2
Structuring the Contract

·         Model Forms

·         General and Special Conditions

·         Incorporation by reference

·         Schedules

·         Priority of documents

 

Day 3

Other contract documents and issues

·         Subcontracts

·         Purchase Orders

·         Standard terms and Conditions

·         Controlling use of Standard Forms

·         Battle of the Forms

·         Execution of documents and authority

·         Amendments

·         Document control disputes

 

Day 4
Developing the Tender

·         Why tender?

·         Alternative ways of selecting suppliers and contractors

·         Avoiding collusion and corruption

·         Selecting bidders

·         Prequalification and Qualification

·         Advertising

·         Expressions of Interest requests

·         Preparing the Invitation to Tender

 

Day 5

Evaluating the Tender and Awarding the Contract

·         Payment for Tender documents

·         Tender Bonds

·         Presentation to bidders

·         Queries during tendering process

·         Timing and practical elements of delivery of tender

·         Qualified bids

·         Evaluation
- Financial
- Commercial
- Technical

·         Bonds, guarantees and other collateral documents

·         Tender Boards

·         Award notices

·         Appeals disputes