Course Details

Objective

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

• Best Practice Contract Management, Preparation, Formalization, Variations and Contractor negotiation, evaluation, Selection and Claims Management, Contract Lifecycle Management – Key Capabilities

• Preparation, Formalization, Variations and Contractor negotiation, evaluation, Selection and Claims Management
• Reducing costs through shorter cycle times and administrative efficiencies
• Managing contract performance and risk from inception to closure
• Consistent variations management via a holistic approach
• Process automation and enhanced digital transformation.
• Leveraging contract data for insights and decision making

• Discuss Elements of Good Procurement Process
• Learn Methods of Tender Evaluation
• Review Contract Strategies
• Explore Steps in Developing Performance Based Service Contracts
• See Examples of Important Commercial Contract Clauses
• Be Presented the Essential Elements of a Contract
• Be Given Examples and Sources of Contract Checklist
• Provide an understanding of how and why claims and counterclaims arise
• Explain the differences between claims and counterclaims
• Identify common causes of claims and disputes, and how to avoid them
• Discuss how to develop contracts management procedures to avoid disputes over claims and counterclaims, while resisting unjustified claims
• Enhance understanding of basic negotiation techniques to be used when resolving
• disputes
• Provide an understanding of some of the main methods of dispute resolution involving third parties.

Content

DAY 1

Contract management and tendering - when does the process start?

• What You Need to Know to Be Competent at Contract Management
• Contract Management, Preparation, Formalization,
• Variations and Contractor negotiation, evaluation,
• Bidding Process
• Standards of Ethical Practice
• Example Policy “Relations with Suppliers
• Selecting the Right Contracting Strategy
• Types of Statement of Work
• The Importance of The Contract
• Basic Contract Types
• Basic Types of Project Deliver

Best Practice in Contract Management – Key Capabilities

• Reducing costs through shorter cycle times and administrative efficiencies

DAY 2

Important elements of the contract

• Selection and Claims Management Elements
• Saving with Economic Price Adjustment Clauses
• Force Majeure Clauses
• Contract Changes Clauses
• Methods of Payment
• Progress Payments
• Letters of Intent, Award, And Side Agreements

Bidder selection and tender evaluation

• Selecting the Bidders
• We Want More Than the Lowest Price
• How Do You Know You Got A Good Price?
• Use of Price Indexes
• Electronic Evaluations
• Requesting Cost Breakdowns and Evaluations of Cost Breakdowns

Managing the contract performance

• The Criticality of Good Contract Administration
• Contract Changes
• Determining Status and Expediting
• Contractor Payments
• How Contracts End
• Remedies for Breach of Contract
• Types of Bonds and Guarantees
• Negotiation Tips

Best Practice in Contract Management – Key Capabilities

• Managing contract performance and risk from inception to closure

DAY 3

Best Practice in Contract Management – Key Capabilities

• Consistent variations management via a holistic approach

How Claims and Counter Claims arise

• Causes of typical claims

• Poor drafting of requirements
• Lack of clarity in Scope of Work/Services
• Misunderstanding of legal or technical obligations
  • • By Client
    • By Contractor/Supplier

• Deliberate “misunderstanding”
• Counter claims - how they differ from claims
• Rights of set-off

• Overview of main contractual provisions relevant to claims and counter claims

• Obligation to perform work
• Standards
• Programme

• Acceleration

• Variations
• Extension of time
• Force majeure

DAY 4

Best Practice in Contract Management – Key Capabilities

• Process automation and enhanced digital transformation

Types of Claims and Counter claims

• Types of claims, in construction and other areas - and their distinctive features
  • Re-measure disputes
  • Variations - disputes on valuation
  • Variations - disputes as to whether there is change
  • Breaches of contract
  • Quality of workmanship
    • Re-work
• Rejection of goods
  • Full rejection
  • Partial rejection
• Liquidated damages and penalties
• Warranty claims
• Special issues with EPC/Turnkey contracts
  • Interface problems - are these always the Contractor’s responsibility?
  • Tracking change where client involvement is limited
  • Special issues with documentation in EPC and turnkey contracts

DAY 5

Best Practice in Contract Management – Key Capabilities

• Leveraging contract data for insights and decision making

Dispute Resolution

• What is a dispute?
• Introduction to dispute resolution methods and techniques

• Stage negotiation - setting up internal dispute resolution within the contract
• Measures of success - win-win negotiation
• Understanding what constitutes a “win” for you

• What will be a “win” for the other party?
• Mirror negotiation/red teams

• Negotiating “without prejudice”
• Making offers
• Compromise
• Bargaining

• Interest-based negotiations

• Moving away from rights-based thinking
• Making the cake bigger - settling other issues
• Non-financial solutions
• Long-term business relationships

• Conflict and its resolution

• Defusing conflict
• Personality clashes and how to avoid them
• Dealing with disputes as they arise - not letting them fester
• Traditional dispute resolution
  • • Litigation
      • Use of foreign courts
      • Enforcement
    • Arbitration
      • Domestic
      • International
      • Single or panel
      • Enforcement
  • Issues with evidence and production of documents

• Differences between alternative dispute resolution methods

• Mediation
• Med/Arb and Arb/Med
• Adjudication
• Expert determination
• Early Neutral Evaluation
• Mini-Arbitration
• Dispute Review Boards
• Pendulum arbitration

NOTE:

Pre & Post Tests will be conducted.

Case Studies, Group Exercises, Group Discussions, Last Day Review & Assessments will be carried out.

Methodology

Participants will increase competencies through a variety of instructional methods including lecture by an experienced practitioner and consultant, exercises, and group discussions covering current practices and their relationship to the implementation of new concepts.

The sessions will start by raising the most relevant questions and motivate everybody to find the right answers. The attendants will also be encouraged to raise more of their own questions and to share developing the right answers using their own analysis and experience. All attendees receive a course manual as a reference.

This interactive training workshop includes the following training methodologies:

• 30% Lectures
• 30% Workshops and work presentation
• 20% Group Work& Practical Exercises
• 20% Videos& General Discussions