Certified Contract Management Program
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Certified Contract Management Program Course
Introduction:
Commercial and business relationships are based on contracts of one type or another. These are becoming increasingly complex, and as trade becomes ever more international, the differences in approach between different legal and contracting systems become a greater issue. All business professionals need to understand what a contract does (and does not) require them and the other party to the contract to do, and the consequences for both parties of any failure. This course is intended to provide an understanding of contracting in the English language but in an international context.
Course Objectives:
- Improved ability of delegates to understand commercial issues relating to contracts
- A wider choice of potential contracting strategies
- Improved ability for professionals to instruct and communicate with legal departments
- Better understanding of the role of bonds and guarantees in a contracting strategy
- Increased control of change
- A wider choice of dispute resolution methods
- Reduction in costs and delays associated with dispute resolution
- Improved relationships with suppliers and contractors as a result of reducing conflict
Benefits To You
- Develop an understanding of the role of contracts in the business world
- Explain how contracts are structured
- Examine current thinking on contracting structures in an international context
- Improve understanding of the main terms and conditions of contracts
- Understand the importance of change management and control
- Develop an appreciation of the collateral documents that work alongside contracts; including bonds, guarantees, letters of intent, etc.
- Review the latest international thinking in alternative methods of dispute resolution
Competencies Emphasized
- Strategic planning
- Contract selection and drafting
- Ability to instruct and manage lawyers
- Commercial management
- Negotiation skills
- Dispute resolution
Who Should Attend?
These courses can be delivered either as open public training courses or in-house and typically involve additional study, assignments, and assessments. Not only do these training courses prepare you for the qualification but they also focus on providing practical skills and techniques which are directly transferred to the workplace.
Course Outlines:
What are contracts and how are they created?
- The need for contractual relationships
- What is needed to create a valid contract?
- Offer and acceptance
- Intention to create a legal relationship
- Legal formalities in different countries
- Signing and sealing
- Authority to sign
- How to prove authority
- The tender process
- Involvement of agents
- What happens if there is no contract, but work is carried out anyway?
- Making contracts enforceable – with particular emphasis on the international context
Structure of contracts
- Form of Agreement
- General Terms and Conditions
- Special Terms and Conditions
- Schedules or Appendices
- Risk and title
- INCOTERMS
- Notices and other formalities
- Which law and which courts?
Collateral documents
- Bonds and guarantees
- Tender Bonds
- Advance Payment Bonds
- Performance Bonds
- Parent Company Guarantees
- Retention/Withholding
- Retention Bonds
- Letters of intent
- Letters of award
- Letters of comfort or awareness
Changes
- Changes to the Contract documents
- Need for consent
- Assignment/ Novation
- Waiver
- Changes to the scope
- Changes and claims distinguished
- Variation clauses
- Notice provisions
- Valuation of variations and changes
- Delay and disruption
- The delay caused by the client
- Delay caused by contractor/supplier
- Force majeure
Resolving disputes
- Negotiation
- Staged dispute resolution clauses
- Litigation
- Arbitration
- New best practices in dispute resolution
- Mediation
- Conciliation
- Early neutral evaluation
- Expert determination
- Pendulum arbitration
