Managing Contractual Liabilities

Every commercial transaction carries risk: your organisation can manage risk by contractually determining the nature, content and consequences of both yours and the other party’s actions and omissions. Contracts give rise to a range of liabilities by parties assuming rights, responsibilities, duties and obligations, but which can be managed through contractual mechanisms.

This Managing Contractual Liabilities training course considers how your organisation can identify and manage key contractual risks and liabilities – what are they, what do they mean, what are the consequences, who takes the risk, and who pays? It focuses on how best to deal with key contractual liability issues to minimise your potential exposure to both the financial consequences and damage to your reputation.

This training course will feature:

• Nature of contracts and contracting structures
• Principal contractual liabilities
• Managing risk through indemnities
• The purpose of insurance, types and limitations
• Using contract provisions to reduce the risk of disputes

By the end of this training course, participants will be able to:

• Identify when a contract becomes legally enforceable
• Assess and manage key contractual liabilities
• Analyse the way indemnities operate across industries
• Evaluate the need and use of different types of insurance
• Compare ways of dealing with claims and disputes

This training course will benefit a wide range of personnel involved with contracts and project management, purchasing, supply and procurement, and will greatly benefit:

• Contracts Engineers
• Project Managers
• Procurement and Purchasing Staff
• Finance and Audit Professionals
• Anyone involved in the management of risk

This Managing Contractual Liabilities training course will use a variety of proved adult training techniques to ensure maximum understanding, comprehension and retention of the information presented.  It will include high levels of participant discussion, group interaction, group exercises and case studies. Delegates will be encouraged toraise their own issues and challenges faced within their industry or organisations for discussion.

• How and When is it Legally Enforceable
• Key Contractual Elements and Structure
• Ancillary Documents and Issues
• Different Legal Environments
• Defining Risk – Identification and Impact
• Key Contractual Risks

• Performance – Quality and Time
• Ownership and Risk of Loss or Damage
• External Events
• Pricing and Payment
• Limiting and Excluding Liability
• Breach of Contract

• What Are They, How Do They Work?
• Negligence – Simple or Gross?
• Operation in Different Legal Systems
• People and Property
• Cross Indemnities
• Catastrophe Risk

• Why Insure and What It Covers
• People, Property and Product Liability
• Motor, Aviation and Marine Insurance
• Environmental Liability
• Who Arranges, For Whose Benefit?
• Claims Handling

• Tiered Dispute Resolution Mechanisms
• Negotiation – Tools and Techniques
• Alternative Dispute Resolution
• Litigation and Arbitration
• Enforcement
• Course Review and Learning Outcomes

Anderson Certificate of Completion will be provided to delegates who attend and complete the course