Negotiating, Drafting
& Understanding Contracts

This Negotiating, Drafting & Understanding Contracts training course covers the three stages of contract development and management: negotiating the ‘deal’; documenting that agreement in a robust, but practical way; and managing the contract to ensure that what was negotiated and documented gets delivered. It will also explore the key rights and obligations that contracts usually create, as well as examining how to deal with problems that arise in contracts, such as disputes.

This training course will feature:

• Gaining a broad understanding of contracts and your ability to use them to develop and protect your organisation
• Examining the latest techniques for you to consider and negotiate contracts with confidence
• Considering principles widely used in international contract making, such as risk allocation and dispute management
• Practical tips for business professionals to deal with the consequences of non-performance
• Analysing the mechanics of creating contracts in the English language

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

• Understand the need to negotiate the “deal” before structuring the contract documentation
• Utilise tools & techniques to assist in such negotiations & enhance the efficient management of a contract
• Analyse the drafting and amendment 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

This training course will benefit all levels of personnel engaged in contract management, negotiation, procurement, operations, and disputes. This Negotiating, Drafting & Understanding Contracts training course is suitable to a wide range of contracts professionals but will greatly benefit:

• Contract Administrators, Contract Professionals and Project Coordinators
• Supply Officers, Buyers, Purchasing & Procurement Professionals
• Project, Construction, Cost and Quantity Professionals
• Claims Personnel, including Legal Advisers
• Contracts Managers
• Those new to the function, preparing for a major project or experienced professionals looking for a refresher

This training course will utilise a variety of proven adult learning techniques to ensure maximum understanding, comprehension, and retention of the information presented. This will include stimulating presentations supporting each of the topics together with interactive trainer lead discussion sessions. Delegates will be encouraged to raise their own issues and problems faced within their industry or organisations for discussion on a confidential basis.

• The context of commercial arrangements
• Negotiating Principles for contracts
• Setting contractual objectives
• The most important negotiable elements
• Achieving an appropriate balance of commercial risks
• Relationship between negotiation and contract drafting

• What constitutes a contract? – the essential elements
• Form, Ingredients and Basic Structure
• What are the Contract documents? constructing the jigsaw puzzle
• Working with standard forms and model agreements
• Using contract qualification to amend the other side’s draft
• Temporary contractual arrangements: Letters of Intent and other interim agreements

• Operative provisions and performance obligations
• Title, Risk and Payment provisions
• Liabilities, indemnities and the duty to insure
• Limitation and exclusion of liability, force majeure and waiver
• Remedies for default, damages and penalties

• Finalising the contract and getting started
• Kick-off meetings: Setting and managing expectations
• Creating a contractual performance environment
• Handling Contract Variations: changing the scope of work
• Dealing with under-performance - defaults, delay and disruption
• Payment issues – including in international trade

• Managing contractor claims
• Recognising potential problems and dealing with issues as they arise
• Governing Law of the contract and dispute resolution
• Using contract-based resolution – referring disputes to an Adjudicator
• External dispute resolution – Litigation and Arbitration
• Modern alternatives – Mediation, Expert Determination and other methods

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