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Contractual Awareness

Contractual Awareness

Contractual Awareness training programme has been designed to enable you to appreciate the critical commercial issues for business success.

An intensive course, giving you a thorough grounding in the critical commercial issues that are essential to business success. In today’s competitive environment, people in specialist roles are being seen as having more and more financial responsibility. Increasingly, these roles drive the level of service and cost delivered to the customer.

Your business is influenced by the increasingly complex relationships that you forge with suppliers, customers, and in-company departments.

Your financial ability has a real impact on the prosperity of your business. It is therefore vital that you have the industrial know-how to deliver your full potential.

This Contractual Awareness Workshop will provide an essential awareness of the principles in creating a contractual relationship, and deals with some of the difficulties and misunderstandings commonly experienced in contracting.

Learn to plan for potential contractual issues, deliver best practice in record keeping and effectively manage critical events with this in-depth course on contract awareness and administration.

The ability to administer the terms of a contract is a fundamental part of any construction project as most contractors experience contractual difficulties and issues at some time or another.

Contractors need the knowledge and skills related to contract provisions and record keeping about the scope of the project and the client’s key drivers. They also need to know how the requirements of the building contract apply to a given project.

This course is designed to simplify those contractual issues, make them understandable and accessible for the staff of the contractor, and to provide best practice in contract administration for any given project.

Remember, knowing how best to protect your company could be the difference between success and failure of the project.

You might be interested in other Contract Management programs as a next step.

YOU WILL LEARN HOW TO

You will leave the course with detailed knowledge of client needs, common contractual issues that you may face and you will be better equipped to recognize the potential problems and work on preventative techniques, leading to successful contract fulfillment.

At the end of the course, you will be able to:

*Recognise the Client’s Key Drivers and how they impact upon a Contractor’s performance.

*Appreciate signs of common contractual issues and learn how to minimize their impact on a Contractor.

*Protect the interests of your company by good record keeping, notices, and recording of critical events.

*Have an awareness of significant events and their consequences for the contractor.

*Prevent disputes from arising by knowing techniques to minimize their impact.

 

IMPORTANT COURSE INFORMATION

Certificate

Students will receive Strategic Axis professional certificate accredited by UAE Government.

COURSE OUTLINE

Modules

Module 1: Introduction – what a contract is

The basic purpose of a contract

The potential for mistakes:

  • Objective
  • Capacity
  • Reasonableness
  • Enforceability
  • Outcomes

Module 2: What constitutes a contract? – The essential principles

  • a party must have capacity to contract;
  • the purpose of the contract must be lawful;
  • the form of the contract must be legal;
  • the parties must intend to create a legal relationship; and
  • the parties must consent.
  • Structure of a contract
  • Consensual requirements
  • Terms
  • Implied
  • Express
  • Worst case analysis

Module 3: Background to Contract and the Law

  • Common law and civil law
  • Development of civil law – from Magna Carta
  • Relationship of common law to statute law
  • Case law – and its effects
  • Supra-national law
  • Privity
  • Estoppel
  • Confidentiality

Module 4: The exit clause

  • Why start with and focus on the exit clause?
  • Implications – comparison with pre-nuptial contracts
  • Three possible outcomes of a contract:
  • Complete
  • Substantial
  • Material breach
  • Termination for cause
  • Termination without cause
  • Risk management
  • Payments
  • Liabilities
  • Costs involved

Module 5: Analysis of a contract

  • The parts of a contract
  • Definitions
  • Basis of the contract
  • Responsibilities – and confidentiality
  • Intellectual property and patents
  • Patents
  • Copyright
  • Trade marks
  • Designs
  • Owning and ensuring IP
  • Draft clauses
  • Payments and terms
  • Time scales
  • Warranties and indemnities
  • Complaints and breach of contract
  • Liability and limitations of liability
  • Termination
  • Force majeure
  • Notices

Module 6: Language and issues

  • What constitutes reasonable?
  • Key issues::
  • Best endeavors – and similar
  • Convoluted sentences
  • Convoluted structures
  • Punctuation
  • Numbering and references
  • When to seek specific legal advice

Module 7: Summary

  • Worst case
  • Obligations, liabilities
  • Essence
  • Exit clauses
  • Breach
  • Legality – statute law and precedent
  • How to read and handle contracts
  • Re-use of contracts
  • When to seek legal guidance
  • Alternatives:
  • Partnerships and alliances
  • Heads of agreement
  • Gentleman’s agreement
  • Good faith
  • Indenture
  • Letters of intent

Module 8: Defences against a breach of contract – and implications for contracts

  • Mistake
  • Incapacity, including mental incompetence and ineligibility
  • Duress
  • Undue influence
  • Unconscionability – excessive unfairness
  • Misrepresentation and, or fraud
  • Frustration of purpose

Module 9: Payment terms

  • What are the consequences of the payment terms
  • What liabilities are created
  • Performance bonds
  • Retention
  • Damages
  • Consequential and direct loss
  • Impact of unfair terms law
  • Best practice in exclusion and liability
  • Liquidated damages – revisit
  • Indemnity
  • Knock for Knock Indemnity
  • Third Party Indemnity
  • Responsibility for damage

Module 10: Practical session – a supplier contract

  • Understanding the aims and objectives of the contract
  • Identifying any issues
  • Identifying any red flags
  • What practical effect would this contract have on the commercial conduct?
  • Are there any elements missing?
  • How would you create a schedule for it?
  • What issues persist after the completion of the contract
  • Learning issues – understanding when to seek legal help

Module 11: Practical session – a specially prepared contract

  • Understanding the aims and objectives of the contract
  • Identifying any issues
  • Identifying any red flags
  • What practical effect would this contract have on the commercial conduct?
  • Are there any elements missing?
  • How would you create a schedule for it?
  • What issues persist after the completion of the contract?

Module 12: Contract Management

  • Ensuring shared understanding – throughout the life of the contract
  • Amending a contract – issues, and opportunities
  • Standard or bespoke agreements?
  • When and how to raise concerns
  • Balancing continuity of delivery against the contract and commercial risk
  • Responsibility and reporting – upwards, downwards
  • Creating a matrix of implications in a contract

 

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