REF: | 4056_256904 |
DATE: | 06 - 10 Oct 2024 10.Oct.2024 |
LOCATION: |
Kuala Lumpur (Malaysia) |
INDIVIDUAL FEE: |
3900 Euro |
Introduction
Understanding contract law has become essential to conducting our daily business functions. Whether in purchasing, contract management, subcontracts, project management, general management, or sales, you are constantly involved with legal and contract principles, sometimes without even realizing it.
Too often, the wording used in contracts needs to be properly understood by those making decisions relating to those contracts. Non-specialists are reluctant to get involved in the process of drafting and amending the documents that are critical to their company’s success. There may also be problems in assessing amendments proposed by the other party and determining whether these are reasonable or are eroding your company’s position.
The Essence of Contract Management
In this contract management course, participants will gain comprehensive insight into the intricate world of contract management, learning the essential aspects of contracts and claims management.
By exploring the various stages of contract negotiation and the implications of contractual disputes in this contractual claims and dispute resolution management course, attendees will be equipped with the skills to mitigate risks and resolve issues more effectively.
Targeted Groups
This contractual claims and dispute resolution management course is for all those involved in implementing contracts and handling claims and change orders, as well as those involved in any step of contract preparation/administration, to appreciate the importance of a well-prepared contract.
Course Objectives
At the end of this contractual claims and dispute resolution management training, the participants will be able to:
- Provide an understanding of contract structures and how and why contracts are drafted in particular ways.
- Enhance understanding of the legal principles behind contracts.
- Provide an understanding of some of the main clauses in different types of agreements.
- Explain the commercial impact of particular provisions.
- Discuss the differences between similar clauses in different international standards.
- Show how to develop your own “standard” clauses.
- Develop an understanding of when to accept and reject proposed amendments, including how to give clear reasons for such rejection.
- Practice amending documents to meet particular requirements, including using special conditions.
- Provide strategies and tactics for negotiating possible contract amendments.
- Explain how to use contract provisions to reduce the risk of disputes.
- Understand where disputes arise, show how the contract can be used to minimize these disputes, and some methods by which disputes are resolved in international contracting (including non-traditional approaches, such as mediation).
Targeted Competencies
At the end of this contractual claims and dispute resolution management course, the target competencies will be able to:
- Negotiation.
- Structuring contracts.
- Contract drafting.
- Dealing with qualifications to contracts.
- International contracting.
- Avoiding disputes.
- Resolving disputes.
Course Content
Unit 1: How and Why Contracts Are Drafted
- Why do we use contracts?
- Formation of a contract.
- The key elements of a contract.
- Oral or written?
- Terms and conditions of contract.
- Agency issues.
- The basic structure of a contract.
- Incorporating documents by reference.
- Standard forms.
- Form of agreement.
- Principles of contract negotiation.
Unit 2: Main Contract Clauses
- Obligation to deliver/perform.
- Rework/re-performance.
- Risk.
- Title.
- Compliance with law/change of law.
- Indemnities.
- Insurance.
- Third parties.
- Liability in negligence - relationship with contract conditions.
- Variations and changes.
- Product liability and defective goods - rejection.
- Precedence of documents - special conditions.
- Intellectual property.
- Taxation.
- Suspension and termination.
- Acceptance and certificates.
- Payment.
- Liquidated damages/penalties.
- Limits of liability.
- Guarantee/Warranty/Maintenance.
- Conflict of laws and choice of law clauses.
Unit 3: Other Documents and Negotiations
- Letters of intent or award.
- Bank and insurance bonds.
- Letters of comfort or awareness.
- Collateral warranties.
- Alliance/partnering agreements.
- “Side letters.”
- Finance arrangements.
- Negotiating contract qualifications and amendments.
Unit 4: Negotiation and Resolution of Disputes
- Contract negotiation.
- Dispute resolution clauses.
- Unequal bargaining positions.
- Negotiation, compromise, and settlement.
- Litigation.
- Arbitration.
Unit 5: Claims
- Nature of claims.
- Types of claims.
- Claims process.
Unit 6: Quantification of Damages
- Types of damages.
- Liquidated damages.
- Actual damages.
- Other considerations.