Introduction
This course covers the three stages of contracting; negotiating the ‘deal’; documenting that deal in a robust, but practical way: and managing the performance of the contract itself. This course will help participants to have an awareness of practices in other areas and other industries, which can add significant value to their own situations.
Moreover, the course will also give an opportunity to consider matters from the perspective of the other party to a contract.
Duration
- 5 days
Course Objectives
- Understand the need to negotiate the “deal” before structuring the contract documentation.
- Utilise the tools & techniques to assist in such negotiations & enhance the efficient management of contract.
- Assess the drafting and modification of specific contract clauses, using real examples.
- Introduce some of the differences in approach in different jurisdictions.
- Examine ways to avoid disputes, or to manage them successfully
Course Outline
Day one
What is the “deal” behind the contract, and how do you get there?
- What constitutes a contract: form, ingredients and basic structure
- The context of commercial arrangements
- Innovative commercial solutions (e.g. partnering, “boot” contracts etc)
- Relationship between negotiation and contract drafting
- Closing a deal – authority to sign and agency principles
- Formalities to finalise the contract
Day two
Negotiating and drafting contracts
- Negotiating principles in contracting
- Negotiating in difficult and complex situations
- Structuring complex documents – the hierarchy of terms
- Using and modifying standard forms
- Precedent in international contracting
- Dealing with contract qualifications and amendments
Day three
Drafting specific clauses
- Operative provisions and performance obligations
- Title, risk and payment provision
- Contract variations: transfer of rights, amendment and the scope of work
- Termination, suspension and remedies for default
- Limitation and exclusion of liability, force majeure and waiver
- Law of the contract and dispute resolution
Day four
Effective contracts management
- Risk assessment and management
- Assignment of responsibilities and kick-off meetings: setting and managing expectations
- Dealing with defaults, delay and disruption
- Managing claims
- Payment issues – including international trade
- Lessons learned
Day five
Dealing with disputes
- Recognising potential problems and dealing with issues as they arise
- Legal rights and commercial outcomes distinguished
- Negotiation structures for internal dispute resolution
- External dispute resolution – litigation and arbitration
- Modern alternatives in dispute resolution – adjudication, expert determination, and mediation
- Overview of seminar, and final question session
Methodology
The instructor led trainings are delivered using a blended learning approach and comprises of presentations, guided sessions of practical exercise, web-based tutorials and group work. Our facilitators are seasoned industry experts with years of experience, working as professional 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 with intensive training institute (iti) certificate certified by the national industrial training authority (nita).
Training Venue
The training will be held at ITI training centre. The course fee covers the course tuition, training materials, two break refreshments and lunch.
All participants will additionally cater for 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:info@dev.skillsstackinstitute.com
- Mobile: +254 727324901
Tailor- Made
This training can also be customized to suit the needs of your institution upon request. You can have it delivered in our iti training centre or at a convenient location.
Course Fees
- One on one training -kes 80,000 / usd 1100
- Virtual training -kes 65,000/usd 850
Payment
Payment should be transferred to iti account through bank on or before course start date.
Send proof of payment to info@dev.skillsstackinstitute.com
For further inquiries, please contact us on:
- Tel: +254 727324901
- Email: info@dev.skillsstackinstitute.com
