Contracts: Reading, Writing and Negotiating

Course Objectives

• Provide an understanding of contract structures, and how and why contracts are drafted in particular ways
• Enhance understanding of the legal principles behind contracts
• Provide an understanding of some of the main clauses in different types of agreements
• Explain the commercial impact of particular provisions
• Discuss the differences between similar clauses in different international standards
• Show how to write contract clauses clearly to avoid conflict
• Develop an understanding of when to accept proposed amendments, and when to reject them, including how to give clear reasons for such rejection
• Give practice in amending documents to meet particular requirements, including the use of Special Conditions
• Provide strategies and tactics for negotiating on possible contract amendments
• Explain how to use contract provisions to reduce the risk of disputes.
• Where disputes do arise, show how the contract can be used to minimise these disputes, and some of the methods by which disputes are resolved in international contracting (including non-traditional approaches, such as mediation).

Target Audience

● Contract Professionals
● Project Engineers and Project Professionals, including Project Managers
● Claims Personnel, including legal advisers
● Business Audit Officers
● Contract Strategists
● Commercial Professionals
● Quantity Surveyors
● Purchasing Officers & Personnel
● Buyers
● Supply Professionals

Methodology

The course will involve the attendees in as much interaction as possible with discussion, case studies and exercises on particular topics. Topics will be designed as far as possible to be clearly relevant to the commercial issues faced by or likely to be faced by the delegates. There will also be opportunities to assess examples of different types of dispute resolution in practice, showing the difference between various approaches, and the use of external third-party experts in dispute resolution. One to one session with the trainer will also be available to discuss any further issues faced by the delegates.

Course Modules

Module 1: How and why contracts are drafted?
Module 2: Main Contract Clauses
Module 3: Writing Contracts
Module 4: Negotiation and Resolution of Disputes