Masterclass in Contract Development, Negotiation & Management (3 days)

Course Overview

Increasingly organisations globally are looking to their contracting function to effectively underpin the operational benefits obtained through both tendering and or negotiation.

Procurement is increasingly being viewed as a strategic function within organisations, with the CPO (Chief Procurement Officer) having a seat on the board. Proactive, professional procurement has become a well-respected value-adding function within the organisation and has achieved the recognition it deserves in delivering business a real competitive edge in the market.

In addition to effectively contractualising these benefits, contract teams are also expected to be able to balance liabilities, protect against the impacts of termination and ensure that the resulting contract is legally compliant and effective both locally, regionally and internationally.

This interactive 3 day accredited course leads delegates through the full end to end contracting process, from establishing the specific contract objectives and prioritisation of these objectives, through to effective contract negotiation and drafting.

The course covers both the technical/legal aspects of contract construction and also expands to incorporate cross cultural contract considerations within both UNCITRAL and International Law and crucially the art of cross cultural negotiation from both a Western, Middle East and Pan-Asean perspective.

Enabling delegates to complete the course fully equipped with an understanding of the key legal principles that underpin contracts globally and how these principles may be utilised within effective contract clause construction in order that they are able to provide the optimum contract format that both protects against risks whilst providing capture of operational benefits.

Course Contents

Prioritising the contracting objectives

  • Developing a list of contracting objectives - tech-nical and commercial to legal
  • Balancing Quality, Cost, Delivery & Risk considerations.
  • The difference between rating and ranking - and the iterative approach
  • Separating wants from needs – defining mission critical contractual objectives & managing stake-holder expectation.

Key Contract provisions

  • Reassessing indemnity and warranty clauses
  • Appraisal and benefits of “Knock for Knock” Liability Clauses
  • Understanding the full effects of Anti-Indemnity statutes
  • Considering alternative pricing clauses –whole life cost approach and alignment with
  • Contract objectives.
  • Overview of contractual obligations which may only be determined by the court –
  • HSE, Pollution/Spillage.
  • Case study analysis & review – BP & TransOcean.

Contract Disputes

  • Determine the best course of action through ap-plied risk assessment
  • Consider your termination rights and the conse-quences for your operations
  • Look for alternatives in penalty clauses and rights of release clauses
  • Enforcing clear language in unclear circumstances

Contract negotiation considerations

  • Can enterprises renegotiate rates on the basis of the current market chaos?
  • Cost analysis models in contract negotiations – issues and opportunities
  • Utilising Porters 5 Forces Model -Understand where the balance of power lies
  • Between Buyers & Contractors.
  • Have you gained or lost negotiating power due to recent trends?

Understanding the power & influence matrix and their impact on contracting

  • The keys to maximizing power
  • Understanding the shift in power and how to control the shift
  • The impact of power on negotiations
  • Developing a contract specific power influence matrix.
  • Aligning Contracting Contribution with organiza-tional Strategy
  • Corporate growth strategies and how to enable them
  • Ensuring & demonstrating Corporate Governance through contracting.
  • Policies that can be either enabled or disabled through effective contracting

Key international and cross-cultural contracting Issues

  • Assessing key changes within international contracting frameworks - UNCITRAL Impact
  • Key elements of International Law & Trade trea-ties - The impact upon cross cultural Contracting
  • Key cultural considerations in contracting - from development and drafting to
  • Negotiation and ongoing vendor relationship management.
  • Executing contracts globally - review of key requirements including use of digital signatures
  • Managing contractual breach - cultural considera-tions

Key Service contracts

  • Maintenance services
  • Consulting and outsourcing services
  • Environmental remediation services
  • Transportation and logistics agreements

Multi-Party contracting scenarios

  • Joint ventures - Key IFRS definition & contract party management.
  • Contractors and their sub-contractors ensuring compliance, reputational protection
  • For the buyer organization & exploring excusa-ble/non-excusable delay clauses.
  • Teaming agreements - risks and rewards
  • Distribution and reseller agreements
  • Effectively managing Force Majeure clauses.

Open discussion on existing contract types and ap-proaches

  • Types of Contracts - FEED Competition, EPC, EPCM, Reimbursable, Reimbursable
  • Convertible to Lump Sum, Lump Sum Turnkey, etc. & their pros and cons
  • Partnerships and Alliances in Contracts - Critical Issues (covering types of partnerships - JV, Con-sortium, Nominated Subcontractor, etc.)
  • Critical Contract Clauses and Related Issues, Con-tractual Risks in Contracts
  • Risks Management in Contracts
  • Contractual Risks and Mitigation Measures in Contracts, covering key contract terms and conditions, contractual risks, risks identification, mitigation and management
  • Claims Management in Contracts - A win-win approach (or) Effective Management of Variations & Claims
  • Disputes and Resolution Mechanisms in Contracts
  • Alternative Dispute Resolution (ADR) in Contracts
  • Disputes Management in Contracts
  • Dispute Avoidance and Mitigation- Overview of UNCITRAL Objectives under International Law.

The programme will include a series of group exercises with a high level of delegate interaction.

 

Benefits of Attending

By attending this Masterclass you will be equipped with the skills to:

  • Limit your organisation’s exposure through effective contract structuring, negotiation & drafting.
  • Cultivate a better understanding and appreciation of contracting strategies
  • Gain knowledge of complex agreements and the terms and conditions that most often cause contention
  • Build flexibility into your contracts by reviewing the applicability of provisions
  • Incorporate the latest international legislative and legal issues into your contract risk management process, including UNCITRAL Framework.
  • Discover current best practice and techniques for defining and managing contract risk, setting & managing performance criteria
  • Examine and evaluate the methodology and benefits behind standard contracts
  • Review key contractual differences between products, services and solutions
  • Explore distribution, sub-contracting, and other third-party relationships.
  • Appreciate the key principles behind contractual damage clauses and apply these principles for optimum outcomes for your organisation.

Who Should Attend this Course?

  • Contract Management Professionals
  • Contract Managers and Administrators
  • Contract Negotiators
  • Contract Lawyers and Attorneys
  • Sales Contracting Professionals, including key account managers.
  • Purchasing, Sourcing and Supply Management Professionals
  • Procurement Managers
  • Finance Professionals involved in contracting
  • Operational Managers
  • Commercial Relationship Managers
  • Risk & Compliance Managers

* PLUS, End-users who impact, or are impacted by, the contracting process

Trainers

Meet your training course director: John Atkinson

John Atkinson

JJohn’s corporate experience spans some 30 years including Head of Group & Global Procurement for Focus Wickes plc. where he was responsible for the full creation and implementation of global sourcing initiatives, supplier/vendor management and commercial contract negotiation. John has also held senior roles within Barclays Bank corporate and led a wide and diverse range of teams, both locally and globally.

John is also a certified instructor in delivering emotional intelligence training and has wide international experience, including: Kuwait, Iraq, Qatar, KDR, China, Germany, France, Sweden, Malaysia & West Africa. Organisations that John has worked with include: KNPC, Petronas, Shell, Total, Lafarge, Nigeria LNG, The United Nations, Zain Corporation, Maybank & Sinopec.

As a consultant and trainer for the last 8 years John is passionate about delivery, and utilises his career ex-pertise to ensure that clients receive leading edge training results, enabling delegates to understand not only the subject matter, but also the application and usage to add value both to their role and within the wider organisational environment.

 

Endorsed / Approved by:

Upcoming Course Dates *
  • To be announced

*Also available In-House
Please Contact Us