Advanced Contract Management and Effective Contract Handling

All organizations need to plan. Most will have strategic or corporate plans which provide a direction for the organization and its staff. Identification of requirements is clearly of strategic importance, especially where key purchases are critical to the liquidity of a company or the performance of a new product.

The ability to negotiate a contract successfully is one of the most basic of the business person’s skill sets. Significant positive or negative impacts are made to every organization’s bottom line from the results of the bad negotiations. Therefore, it is essential for the continued success of any organization that staff are well trained and experienced in the planning, strategies, and conducting of negotiations during contracts.

Course Objectives

Upon completion of this seminar, participants will:

• Understand the importance of planning and preparation in successful contract

• Be able to identify various approaches and styles in Negotiations

• Appreciate how to determine the best terms in a contract

• Enhance their knowledge in the practice of procurement and contracting

• Review and understand the financial drivers in the purchasing cycle

• Be able to use a model for determining strengths and weakness of both parties

• Be aware of the importance and impact of various contract clauses

• Recognize the need to discuss the issues before negotiation

• Understand Common negotiation tactics & countermeasures

• Gain experience through the actual negotiation of sample cases

Course Outline

Session I

• Principles of Good Contracting

• Overview of Tendering & Contract Award Process

• Key Steps in the creation of a Contract

• Essential Elements of a Valid Contract

• Other Types of Obligation Documents

• When to Obtain Legal Advice

• Law of Agency

• Organizing Strategies for Contract Management

• Defining Contract Management Responsibilities

• Planning for Contract Life Cycles

• Work Plan Best Practices

• Basic contract planning

• Communication

Session II

• Improving Contract Management

• Essential elements of contract management

• Contract Startup Techniques and Tools

• Incorporating Risk Assessment and Management

• Warranty and Claims Management

• Cost Tracking and Management

• Project Closeout

• Effective Handling of Contract Performance Issues

• Design and Specification

• Work Ordering Process

• Contract Administration

• Reporting Mechanisms

• Cost Control

• Quality Assurance and Control

• Recovery Clauses

• Termination and suspension

Session III

• Eliminating Sources of Contract Disputes

• Errors and omissions

• Anticipating and avoiding Conflicts

• Conflict Resolution

• Dealing with Unknowns

• Tracking Changes

• Managing Expectations

• Resolving disputes

• Negotiation

• Litigation

• Arbitration

• Alternative Dispute Resolution – especially mediation

Session IV

• Understanding and Developing Contract Terms and Conditions

• Finding Contract Templates

• Using standard form documents

• Modifying standard forms

• Drafting special conditions

• Issues for subcontracts

• Case Studies

• Review of different types of contractual strategy and some real problems

Session V

• Contracts in the Twenty-First Century

• Strategic Alliance and Partnering Agreements

• Prime Contracting and other Consolidated Sourcing Contracts

• The New Engineering Contract (NEC) and other industry standards

• Online Contracting

• Online dispute resolution

• Supporting E-commerce

• Contract Management Review and Summary

• Course Highlights and Final Observations

• Other Sources of Information

Course Methodology

A variety of methodologies will be used during the course that includes:

• (30%) Based on Case Studies

• (30%) Techniques

• (30%) Role Play

• (10%) Concepts

• Pre-test and Post-test

• Variety of Learning Methods

• Lectures

• Case Studies and Self Questionaires

• Group Work

• Discussion

• Presentation