Course Catalogues / Courses / Description

Price: 3950 €

• Examine the legal fundamentals in contracting

• Identify the 100+ key conditions in a contract

• Develop a robust contract structure that can be adapted to suit

• Write clauses that will not be misinterpreted and will facilitate success

• Gain exposure to the development of key contract schedules

• Understand the common tricks, traps and tips of negotiation

• Prepare for a negotiation and incorporate lessons learnt from case examples

• Plan a contract lifecycle, build and manage your bargaining power and control your costs

• Implement the team with the right skills to develop, negotiate and manage contracts

This course is designed to provide those responsible for drafting and/or negotiating contracts with an in-depth understanding of the contracting process, how to write effective contract provisions & schedules so they result in commercial success, and how to plan & execute negotiations.

Contract drafting and negotiating is becoming one of the core activities of management. Furthermore, in today's increasingly cost conscious environment where every dollar must be justified, effecting robust contracts is even more critical. No longer are only contract specialists involved in the contract process, professionals of all disciplines have a vital role to play in the development of successful contracts and their negotiation

This hands-on training course will deliver the key frameworks for planning, drafting and negotiating contracts. The course consists of two intensive days of pragmatic methods comprising numerous interactive exercises, case studies and a role playing session, designed to assist you in determining the best and most effective contracting techniques for your organisation. You will be split into small groups with similar expertise areas to ensure you have the maximum opportunity to have your individual questions and needs addressed. Each participant will be provided with a full set of course materials, a workbook and handouts.

WHO SHOULD ATTEND?

This course is designed for managers who are involved in contracts.

In particular, we highly recommend:

• In-House Legal Teams responsible for drafting and negotiating contracts

• Contract Managers, Officers and Administrators who can influence the contracts they manage

• Project Managers and Technical Personnel involved in contract development and specifications

• Internal Auditors charged with a contract oversight or review role

• Managers and Personnel responsible for drafting contract templates

Course Details

Course Registration:          8:15am
Course Commencement:    8:30am
Course Conclusion:            5:00pm

Break Times:
Customised to suit participant requirements

Explanation of Timings:
These times act as a guide and may modify slightly depending on the depth of interactive class discussion and whether assessments are being conducted

Course Program:
This program is a guide and may alter to better address participant requirements on a consensus basis

Introduction and Overview Session 1 Introduction & Overview Course design layout – walkthrough what participants will learn Meeting individual objectives – discuss individual goals The Role of the Contract and the Ground Rules Session 2 The Role of Contracts in the Commercial Environment Defining a legal agreement - the contract is only one aspect… behaviour, representations and other documents all form part The contract in the total governance picture and the governing documents Key objectives of contracts - to be successful Variation by conduct (estoppel and waiver) - how a contract could be ineffective Discuss various types of contracts, including: - MOUs and Letters of Intent - Project and construction contracts - Service contracts - Supply contracts and blanket purchase orders for commodity items Exercise: Identify what stops contract managers from using the contracts you have prepared Constructing a Robust Contract Session 3 Overview of Key Contract Principles Explore key contract planning issues: - Determining a basic contract blueprint - Which version to use? Client’s or the Supplier’s - The length, complexity and why Overview of the key issues covered in contracts without legal jargon - a practical perspective Use of standard form contracts - practical considerations Exercise: Discuss the 100+ possible provisions in a contract that you want to know more about Session 4 Drafting the Contract Terms & Conditions General conditions - provisions typically found in organisational templates Contract operations/special conditions - provisions that need tailoring for each type of contract Financial provisions and the Financial Schedule - provisions that ensure no unpleasant surprises in the various charges and invoices Mobilisation provisions and the Mobilisation Schedule - provisions regarding start-up phase of most contracts Termination and disengagement provisions and the Disengagement Schedule - provisions regarding the end, backsourcing, handover to another provider or extension of the contract Glossary of reserved terminology - words that the parties do not get to fabricate Exercise: Prepare draft clauses in each area Case Study: Review and assess an Australian Standard contract

Session 5   Writing Contracts so they can be used in Practice Structuring of contract documents - make contracts easy to work with and manage Navigation tools - contract managers do not have time to hunt things down Document automation techniques - most contracts are now used in electronic form Cross-referencing techniques - not everyone can remember what clause 49.3(a)(iv) was! Paragraph content, numbering and titles - make it easy to read Exercise: Fix up a provision so it can be practically managed Session 6 A Key Contract Schedule - SLA/Specifications Basics - articulating what the business is expecting Key contents - responsibility matrix, definitions, KPIs, incentives and reporting Case Study: Assess a real-life SLA to determine whether it will work Session 7   A Key Contract Schedule - Pricing and the Financials Explore the pros/cons of various pricing models - avoid the traps of the inexperienced Making the price model decision - getting the money right The total cost of the contract - it isn't just the price What to include in the Financial Schedule Exercise: Assess if and when to use the various price models Negotiation Session 8 Understanding Negotiation Styles & Conflict Review various contract negotiation styles Understanding conflict and its origins Conflict resolution Learn to be able to identify your own conflict resolution styles and those of others and how they impact reaching agreement Role Playing Session: Put the styles into practice Session 9 Preparing for a Negotiation Negotiation tactics, tips and strategies - including roles, BATNAs, avoiding pressure tactics etc Logistics planning Exercise: Prepare a negotiation plan - plan ahead and win Planning & Managing the Contract Lifecycle Planning the Contract Lifecycle - Ensuring Quality and Minimising Risk Architect Phase - preparing the strategies and designing the contract Engage Phase - selecting the service provider and negotiating the contract Operate Phase - transitioning in the deal and managing the contract Regenerate Phase - preparing for and planning the next contract(s) Lifecycle Skills Reviewing the breadth of skills required for successful contract drafting and negotiation Exercise: Prepare a skills matrix - target the skills you need Open Forum, Evaluation & Closing

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