Workshop on Managing Contract Claims and Disputes Resolution

Program Overview

Contract law has become an essential part of conducting our daily business functions. Whether you are in purchasing, contract management, subcontracts, project management, general management or sales, you are constantly involved with legal and contract principles, sometimes without even knowing it. Conflicts, claims, and disputes could be considered as an unavoidable consequence of the contractual process. The frequency and severity of conflicts, claims, and disputes can significantly increase with not well-structured contracts, in which many multinationals and multicultural stakeholders are involved.

This course is designed to help participants understand comprehensively, contract administration guidelines to deal with conflicts, claims, and disputes including unforeseeable physical conditions, employer’s risks, force majeure, and delay damages. This will help promote efficient and effective management of contracts and consequently, high-performance project outcomes.

For Whom:

This course is designed for contract administrators, contract professionals, and project coordinators and managers. It will equally be of benefit to; supply officers, buyers, purchasing & procurement professionals in projects and other construction contracts, cost and quantity professionals. Claims personnel, including legal advisers and contracts managers can also benefit from this course. 

Learning Objective

At the end of the program, participants will be able to:

· explain contract structures, the how and why contracts are drafted in specific ways

· explain the legal principles behind contracts formats

· list and explain the main clauses in different types of agreements

· evaluate commercial impact of specific provisions within the contract frame.

· explain the differences between similar clauses in different international standards

· learn how to develop own “standard” clauses in contracts

· accept or reject proposed amendments and be able to give concise reasons for such actions.

· carry out practical exercises on contract documents amendment to meet specific requirements in contracts including the use of special conditions.

· design strategies and tactics for negotiating contract amendments

· use provisions in contracts to reduce the risk of disputes and claims; and

· apply ADR methods to resolve contract claims and disputes. 

Course Outline:

Day 1: Contracts: Definition, How and why Contracts are drafted

· Important of contracts

· Contract formation

· The key elements of a contract

· Oral or written?

· Terms and Conditions of contract

· Agency issues

· The basic structure of a contract

· Incorporating documents by reference

· Designing Standard Forms

· Form of Agreement

· Principles of contract negotiation

Day 2: Drafting of Contract and the Main Contract Clauses

· Obligation to deliver/perform

· Rework/re-performance

· Risk

· Title

· Compliance with law/change of law

· Indemnities

· Insurance

· Third parties

· Liability in negligence – relationship with contract conditions

Day 3: Drafting of Contract and the Main Contract Clauses 

· Variations and changes

· Product liability and defective goods – rejection

· Precedence of documents – Special Conditions

· Intellectual property, Taxation

· Suspension and termination

· Acceptance and Certificates

· Payment

· Liquidated damages/penalties

· Limits of liability

· Guarantee/Warranty/Maintenance

· Conflict of Laws and Choice of Law Clauses

 Day 4: Required documents and Negotiations

· Letters of Intent or Award

· Bank and Insurance Bonds

· Letters of Awareness

· Collateral warranties

· Alliance /Partnering Agreements

· Side letter arrangement

· Finance arrangements 

· Negotiating Contract terms and conditions

· Negotiating contract qualifications and

amendment procedures

Day 5:  Contract Claims and Disputes Resolution

· Dispute Resolution clauses

· Unequal bargaining positions

· Negotiation, compromise and settlement

· Litigation, Arbitration, Mediation

Training Methodology

Lectures, discussions, exercises, and case studies will be used to reinforce these teaching/learning methods.