At the end of this negotiating and drafting contracts training course, the target competencies will be able to improve:

• Negotiation.
• Structuring contracts.
• Contract drafting.
• Addressing contract qualifications.
• International contracting.
• Avoiding disputes.
• Resolving disputes.

By the end of this negotiating and drafting contracts training course, participants will be able to:

• Highlight the importance of negotiating the “deal” before structuring the contract documents.
• Employ tools and techniques for effective negotiation.
• Explore drafting and revising specific contract clauses with practical examples.
• Understand various approaches to contracting across different jurisdictions.
• Enhance skills for efficient contract management.
• Discover methods to prevent disputes and strategies to handle them effectively.

• Contract administrators, contract professionals, and project coordinators.
• Supply officers, buyers, purchasing and procurement professionals.
• The 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 negotiating and drafting contracts training course is for individuals seeking to broaden their contracting skills and knowledge to enhance their professional profile.

Unit 1: The “Deal” Behind the Contract and How Do We Get There?

• The essence of a contract.
• Structuring commercial arrangements.
• Innovative commercial solutions (e.g., Partnering, “BOOT” contracts).
• How do we negotiate a contractual structure?
• Fundamental negotiation techniques.
• Documenting negotiation discussions.
• The interplay between negotiation and contract drafting.
• Closing a deal and managing challenging negotiations.

Unit 2: Drafting Contracts

• Leveraging standard forms.
• Cultivating your standard clauses.
• Adapting and modifying forms.
• Responding to contract qualifications and amending contracts.
• Creating complex contractual documents.

Unit 3: Negotiating Contracts

• Ensuring fairness in a competitive bidding process.
• Addressing bid mistakes.
• Negotiating intricate contractual language.
• Contract conclusion formalities.
• Delegated authority to sign contracts.

Unit 4: Drafting Specific Clauses

• Work performance requirements.
• Title and ownership clauses.
• Risk allocation.
• Intellectual property rights.
• Handling variations to contracts and scope of work.
• Extension of time provisions.
• Force majeure contingencies.
• Stipulations for completion time.
• Liquidated damages and penalty clauses.
• Acceptance criteria and testing.
• Terms for termination and suspension.
• Governing law and dispute resolution mechanisms.

Unit 5: Management of Contracts

• Risk analysis and control strategies.
• Initial contract meetings.
• Designating roles and responsibilities.
• Expectation setting and management.
• Contract planning best practices.
• Realistic reporting requirements.
• Managing progress through regular meetings.
• Addressing defaults proactively.
• Navigating external influences like force majeure.
• Adapting to changes in contract terms or work scope.
• Navigating international payment concerns.
• Finalizing contracts and capturing key learnings.

Unit 6: Dealing with Disputes

• Identifying potential issues early.
• Constructive problem-solving as issues occur.
• Distinguishing legal rights from commercial objectives.
• Designing negotiation frameworks for internal disputes.
• Exploring external dispute resolution avenues: litigation, arbitration, adjudication, expert determination, mediation.
• The impact of various legal systems on dispute resolution.
• Enforcing resolutions and awards.
• Dispute management strategies.
• Preventative measures for dispute avoidance.

CDGA attendance certificate will be issued to all attendees completing minimum of 80% of the total course duration.