Contracts: Reading, Writing & Negotiating
Project Management, Contracts Management & Law
Description
This Contracts:
Reading, Writing and Negotiating training course offers strategies and
techniques to appreciably enhance your ability to develop better contracts, and
better solutions to disputes. Business professionals need to understand what a
contract permits or requires the parties to do, or prevents them from doing,
and the consequences of failure. Too often, the wording used in legal
agreements is not properly understood by those who are making the key
contractual decisions. There may also be problems in assessing amendments
proposed by the other party, and determining whether they are reasonable, or
will damage your company’s position.
Program Objectives:
By the end
of this course, participants will be able to:
- Deploy their negotiation skills to create better agreements
- Demonstrate the ability to draft and amend contract documents
- Recognise key contract management issues
- Appreciate how contract clauses can be used to avoid, reduce or
transfer risk
- Perform more skilfully in managing claims and disputes
Program Outline:
Day One: The Commercial Use of
Contracts
- The purpose of Legal
Agreements
- Turning Agreements into
Binding Contracts
- Controlling Risk using
Different Types of Contract
- Contract Models and Templates
- Interim agreements: Letters
of Intent and similar tools
- Choice of Law, Forum and
Jurisdiction
Day Two: Contract Drafting as
Writing
- The drafting process
- Developing a suitable
Contract Structure
- Defined Terms and Principal
Sections
- Boilerplate Provisions
- Style and Type of Language
- Common Words and Phrases
Day Three: Rights and Obligations
– the Main Clauses
- Delivery, Performance and
Acceptance
- Clauses that manage Risk
- Contract change terms
- Price and Payment
- Bonds, Guarantees, Warranties
- Intellectual Property rights
Day Four: How can Things Go Wrong?
- Contract Default
- Liquidated Damages and
Penalties
- Limits/Exclusions of
Liability
- Force Majeure
- Indemnities and Insurance
- Suspension and Termination
Day Five: Negotiation and
Resolution of Disputes
- Negotiation – Tools and
Techniques
- Dispute Resolution clauses
- Litigation and Arbitration
- Mediation and other
Alternative Dispute Resolution methods
- Tips and traps in contract
development
- Training course summary and
review