REF: | 8154_296457 |
DATE: | 30 Sep - 04 Oct 2024 04.Oct.2024 |
LOCATION: |
Amsterdam (Netherlands) |
INDIVIDUAL FEE: |
4900 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 is not properly understood by those who are making decisions relating to those Contracts, and 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.
Targeted Groups:
All those involved in implementing contracts and handling claims and change orders, as well as those involved in any step of contract preparation/administration, should appreciate the importance of a well-prepared contract.
Conference Objectives:
At the end of this contract claims and dispute resolution management conference, 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 contract claims and dispute resolution management conference, the target competencies will:
- Negotiation.
- Structure contracts.
- Contract drafting.
- Deal with qualifications for contracts.
- International contracting.
- Avoid disputes.
- Resolve disputes.
The Role of Contract Management in Resolving Contractual Disputes:
Effective contract management is critical for preventing, managing, and resolving contractual disputes. This contract claims, and dispute resolution management conference segment will cover contract management training and techniques for proactive contracts and claims management.
Participants in this contract claims and dispute resolution management conference will gain insights into how contract claims management mitigates extra-contractual claims and utilizes the contract dispute resolution process.
The goal is to equip attendees with the skills necessary to resolve contractual disputes, clearly understand their meaning, and apply these principles to real-world situations. This contract claims and dispute resolution management conference will also discuss the value of certification and participation in contract management seminars, workshops, and conferences.
Conference 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 the 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.
- Negotiate 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.