Course Overview
Master your Contract Management Skills by learning to interpret the contractual clauses and what the terms and conditions essentially mean. It is even more vital to know how contracts can be made electronically through email and the World Wide Web over the internet.
This course from Zoe Talent Solutions will empower and enable you to manage risk, methodically audit contracts and improve dispute resolution by exploring advanced elements of contract law and contractual obligations. You will become competent at assessing the legal advice you receive and interpret it correctly to produce true value for your business.
Course Objectives
The objectives of this 10 Day Contract Management Training Program are to empower professionals to —
- Comprehend the legalities of contract and commercial management
- Negotiate effectively with key stakeholders to make use of the key skills of persuading and influencing to optimise outcomes
- Understand the country-specific regulatory aspects of contract management
- Appreciate the significance of contract management professional standards
- Set up and support contract and commercial management governance systems
- Take a pre-emptive, collaborative, and agile approach to manage commercial contracts
- Develop and oversee appropriate and robust Key Performance Indicators and SLA’s to manage the contractor and enable improved contractor performance
- Collaborate to deliver viable and sustainable performance and manage to exceed expectations
- Apply effective contracting methods and models (including Carter’s 10 c model) and implement these models to prepare robust propositions to stakeholders
- Successfully manage the process of change, claims, variations, and dispute resolution
- Make proper use of best practice contract and commercial management tools, techniques, and templates
Training Methodology
This collaborative Mini MBA in Contract Management Certification Course will comprise the following training methods:
- Lectures
- Seminars & Presentations
- Group Discussions
- Assignments
- Case Studies & Functional Exercises
Zoe Talent Solutions follows the ‘Do-Review-Learn-Apply’ model.
Organisational Benefits
Through this Mini MBA in Contract Management Certification Course, participants shall be able to benefit their organization in the following ways:
- Apply strategies to make sure contracts are plainly expressed and risk is well managed
- Safeguard and shield interests “if things go wrong in the future”
- Aware of signs and indications of corruption, fraud, and unethical behaviour in supply chains; confirms adherence to requirements, detecting and responding to breaches of standards
- Clear understanding of the power of your contractual obligations
- Plainly recognise clauses that can be used to effectively manage risk
- Consider optimal times to exert the power of the clauses in your contracts
- Assurance that the organisation has a high level of ‘contractual governance’
Personal Benefits
Through this Mini MBA in Contract Management Certification Course, professionals will benefit in the following ways:
- Grasp and appreciate the cross functional nature of contract management
- Know the roles and duties of contract and commercial managers
- Communicate and work collaboratively with stakeholders to recognise risks and opportunities
- Discover how to make a valid contract – oral or written
- Understand and learn how a contract may be discharged by novation, by performance, and frustration
- Know how to terminate a contract and understand the remedies available for breach of contract, including liquidated damages and penalty clauses, specific performance & injunctions
- Make effective use of lessons learned to endorse improvements from less-than-optimal outcomes, by means of appropriate templates
Who should Attend?
- Litigators
- Independent practitioners
- In-house counsels
- Law students
- Contractors and Suppliers
- Contract managers
- Project managers
- Engineers
- Human resource professionals
Course outline
Module 1: Contract Management Planning
- Pre-contract negotiations
- Contract Management Process
- Contract Administration
- Negotiating and Managing Performance through Service Level Agreements (SLA’s)
- Identify issues to be managed
- Establish an effective team
- List of services and deliverables expected
- Importance of having a well-constructed SLA
- Evaluating and managing contractor performance
- Developing, implementing, and measuring Key Performance
- Indicators to oversee the quality of service
- Drive business value to accomplish the company’s goals
- Statement of Works
- Change Orders
- Outsourcing Contracts
- Checklists for Outsourcing contracts
- Services to be completed by the vendor
- Charges e.g., GST
- Hardware and software
- Project managers
- Warranties e.g., performance standards
- Backup and disaster recovery
- Exclusion of liabilities
- Turn-back services
- Indemnity
- Confidentiality
- Force majeure
- Waiver
- Assignment
- Entire agreement
- Governing law
Module 2: Intellectual Property Management Issues
- Patents
- Trademarks and service marks
- Confidentiality clauses
- Copyrights, industrial designs
Module 3: Contract Management
- What are Contracts? Why do we need them?
- What are the Types of Contracts?
- When and How to use each type?
- Potential Risks Prevention
Module 4: Principles of Good Contracting
- Why do we use contracts?
- Main steps in the creation of a contract
- Essential elements of a valid contract
- Tendering & Contract Award Process – An Overview
- Advantages of tendering and some pitfalls to circumvent
- Distinguishing price and values
- Other Types of Obligation Documents
- Bonds and guarantees
- Letters of intent and award – are they contractual in any way?
- Letters of Comfort – What’s the purpose?
- Side letters – why they can be risky and dangerous?
- When to Obtain Legal Advice?
- Law of Agency
- Authority to sign contracts
Module 5: Overview of Basic Law of Contract and Law of Torts
- Construction Industry and its Legal Framework
- Introduction to SOP
- The Procedure of Claim under SOP
- Discussion on Standard Forms of Contract and Essential clauses in Construction Contract
- Overview of Dispute Resolution Processes
- Case Studies and Practical Exercises: Contract disputes and dispute resolution
- Adjudication in Security of Payment (SOP) Legislation
Module 6: Contract Drafting
- Drafting process
- Developing a suitable Contract Structure
- Defined Terms and Principal Sections
- Boilerplate Provisions
- Style and Type of Language
- Common Words and Phrases
Module 7: Contract Performance Management
- Deviations/Variations to the existing contract – Negotiating variations and potential legal pitfalls
- Extensions and renewals – effective application and use of extension and renewal clauses, best practices with regard to notices
- Completion of works and original expectations – assessing contract specifications and matching with performance
- Withdrawing from the contract – considering the legalities of wrongful withdrawal
- Termination and post-termination actions
Module 8: Documentation in Contract Management
- Files and records
- Defensive record keeping for evidential purposes
- Version controls and software
- Document sharing and security
Module 9: Termination of Contracts
- Discharge of contracts
- By performance
- By agreement
- By frustration
Module 10: Remedies for the Breach of Contract
- Assessment/Valuation of damages – the compensatory aim
- Obtaining injunctions
- Liquidated damages
- Penalty clauses
- Speculative damages
- Mitigation of damages
- Specific performance
Module 11: Enforcement Methods
- Recognising and evaluating the various strategies in dispute resolution
- Litigation, arbitration, and mediation, mini trials
- Methods to structure efficient dispute resolution clause
