Course Overview
This intensive 10-day training course offered by IRES provides a comprehensive understanding of contracting, covering the three key stages: negotiating the deal, documenting the contract in a robust yet practical way, and managing contract performance effectively. Participants will gain insights into best practices across industries, adding significant value to their professional roles. Additionally, the course will provide an opportunity to consider contract matters from the perspective of the other party.
Course Duration:
10 Days
Target Audience
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Contract managers and administrators
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Procurement and supply chain professionals
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Legal professionals involved in contract negotiations
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Project managers and team leaders
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Business executives and entrepreneurs handling contracts
Organizational Impact
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Improved contract negotiation and documentation skills within the organization.
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Enhanced ability to manage contract performance and mitigate risks effectively.
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Increased efficiency in contract management processes, reducing potential disputes.
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Strengthened understanding of international contract variations and best practices.
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Enhanced strategic decision-making in contractual agreements.
Personal Impact
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Mastery of contract negotiation and drafting techniques.
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Increased confidence in managing contract performance and disputes.
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Greater career opportunities in contract management and procurement.
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Improved risk assessment and mitigation skills in contractual dealings.
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Ability to implement innovative contracting solutions in real-world scenarios.
Course Level:
Course Objectives
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Understand the need to negotiate the deal before structuring contract documentation.
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Utilize tools and techniques to enhance contract negotiations and efficient contract management.
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Assess the drafting and modification of specific contract clauses using real examples.
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Introduce differences in contract approaches across various jurisdictions.
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Explore methods to avoid disputes or manage them successfully.
Course Outline
Module 1: Understanding the Deal Behind the Contract
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What constitutes a contract: form, ingredients, and basic structure.
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The context of commercial arrangements.
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Innovative commercial solutions (e.g., Partnering, BOOT contracts, etc.).
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Relationship between negotiation and contract drafting.
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Closing a deal: Authority to sign and agency principles.
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Formalities to finalize the contract.
Case Study: Analyze a real-world contract to understand its structure and commercial context.
Module 2: Negotiating and Drafting Contracts
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Principles of contract negotiation.
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Negotiating in difficult and complex situations.
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Structuring complex documents: The hierarchy of terms.
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Using and modifying standard forms.
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Precedents in international contracting.
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Dealing with contract qualifications and amendments.
Case Study: Engage in a mock negotiation session to draft key contract clauses.
Module 3: Drafting Specific Clauses
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Operative provisions and performance obligations.
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Title, risk, and payment provisions.
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Contract variations: Transfer of rights, amendment, and scope of work.
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Termination, suspension, and remedies for default.
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Limitation and exclusion of liability, force majeure, and waiver.
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Law of the contract and dispute resolution.
Case Study: Review and revise contract clauses based on real-world scenarios.
Module 4: Effective Contract Management
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Risk assessment and management.
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Assignment of responsibilities and kick-off meetings: Setting and managing expectations.
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Dealing with defaults, delays, and disruptions.
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Managing claims.
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Payment issues, including international trade.
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Lessons learned from contract failures and successes.
Case Study: Develop a contract management plan for a project.
Module 5: Dealing with Disputes
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Recognizing potential problems and addressing issues proactively.
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Distinguishing between legal rights and commercial outcomes.
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Negotiation structures for internal dispute resolution.
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External dispute resolution: Litigation and arbitration.
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Modern alternatives in dispute resolution: Adjudication, expert determination, and mediation.
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Overview of the seminar and final question session.
Case Study: Examine a high-profile contract dispute and discuss resolution strategies.
Related Courses
Course Administration Details:
METHODOLOGY
The instructor-led trainings are delivered using a blended learning approach and comprise presentations, guided sessions of practical exercise, web-based tutorials, and group work. Our facilitators are seasoned industry experts with years of experience, working as professionals and trainers in these fields. All facilitation and course materials will be offered in English. The participants should be reasonably proficient in English.
ACCREDITATION
Upon successful completion of this training, participants will be issued an Indepth Research Institute (IRES) certificate certified by the National Industrial Training Authority (NITA).
TRAINING VENUE
The training will be held at IRES Training Centre. The course fee covers the course tuition, training materials, two break refreshments, and lunch. All participants will additionally cater to their travel expenses, visa application, insurance, and other personal expenses.
ACCOMMODATION AND AIRPORT PICKUP
Accommodation and airport pickup are arranged upon request. For reservations contact the Training Officer.
- Email: [email protected]
- Phone: +254715 077 817
TAILOR-MADE
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:
- Email: [email protected]
- Phone: +254715 077 817
PAYMENT
Payment should be transferred to the IRES account through a bank on or before the start of the course. Send proof of payment to [email protected]
Click here to register for this course.
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