Negotiating, Drafting and Understanding Contracts Course


Introduction

This course covers the three stages of contracting; negotiating the ‘deal’; documenting that deal in a robust, but practical way: and managing the performance of the contract itself.  This course will help participants to have an awareness of practices in other areas and other industries, which can add significant value to their own situations. Moreover, the course will also give an opportunity to consider matters from the perspective of the other party to a contract.

Duration

5 Days

Objectives

  • Understand the need to negotiate the “deal” before structuring the contract documentation.
  • Utilise 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

Course Outline

Day One

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 Two

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 Three

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 Four

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 Five

Dealing with Disputes

  • Recognising 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, and Mediation
  • Overview of seminar, and final question session

Enroll for this Course

We are proud to offer this course in a variety of training formats to suit your needs.

IRES

Enroll for a Face-to-Face (In-Person) Class

We use the highest quality learning facilities to make sure your experience is as comfortable as possible.

Register Here
IRES

Enroll for a Virtual (Zoom) Class

Join a scheduled class with a live instructor and other delegates.

Register Here
IRES

Enroll for an Online Self-Paced Class

Keep track of your own progression throughout your course and ensure continuous improvement.

Register Here

Benefits of Taking a Course at IRES

LEARN

Our courses are carefully curated to keep you abreast of latest industry trends, technological advancements, and best practices. We employ a variety of teaching methodologies, including hands-on workshops, case studies, and interactive sessions, all aimed at fostering an engaging and effective learning environment. Our expert instructors bring a wealth of knowledge and real-world experience, providing our clients with insights that can be immediately applied in their professional lives.

NETWORK

Our courses serve as a vibrant platform for professionals to connect and engage with a diverse community of peers, industry leaders, and experts. By participating in our programs, you gain access to an invaluable network that spans across various sectors and geographical boundaries. This networking aspect is not just about forming professional relationships; it's about creating a supportive ecosystem where ideas, opportunities, and collaborations can flourish.

GROW

Our courses are designed to challenge and inspire professionals to step out of their comfort zones and explore new horizons. Through a combination of theoretical knowledge and practical application, our programs help professionals refine their existing skills and acquire new ones, making them more versatile and competitive.

FAQs & Course Administration Details:

This training can also be customized to suit the needs of your institution upon request. You can have it delivered in our IRES Training Centre or at a convenient location. For further inquiries, please contact us on Phone: +254 715 077 817 or Email: [email protected].
The instructor led trainings are delivered using a blended learning approach and comprise of presentations, guided sessions of practical exercise, web-based tutorials and group work. Our facilitators are seasoned industry experts with years of experience, working as professional and trainers in these fields. All facilitation and course materials will be offered in English. The participants should be reasonably proficient in English.
Upon successful completion of this training, participants will be issued with an Indepth Research Institute (IRES) certificate certified by the National Industrial Training Authority (NITA).
Payment should be transferred to IRES account through bank on or before start of the course. Send proof of payment to [email protected].
Accommodation and airport pickup are arranged upon request. For reservations contact the Training Officer. Email: [email protected] Phone: +254 715 077 817.

Who else has taken this course?


# Job Title Organisation Country
1 Kenya National Highways Authority Kenya
2 Senior Procurement Officer CENTRAL BANK OF SOMALIA Somalia