One of the major functions of contracting is to ensure that risks to owners and contractor are identified and managed in a way that both parties are satisfied with the project outcome. While a contract cannot, of itself, make risk "go away", it can, and should, identify the risks, determine who is responsible for managing each individual risk, and for the consequences should the risk occur. We has developed this interesting and fast paced seminar to provide participants with:

  • Critical understandings of the risk mitigation process.
  • Knowledge to move contracts from the tactical to a more important strategic focus.
  • Ability to identify risks that can arise.
  • Skills in allocating contract and procurement risk.
  • Examples of Contract Terms and Conditions which allocate risk.

Objectives

The Primary Objectives of the Seminar are to help Delegates to:

  • Provide an understanding of how risk arises·
  • Compare different methods of identifying and assessing risk·
  • Review the impacts of different approaches to risk allocation·
  • Explore different Contract types to transfer risks·
  • Consider the contractual techniques to ensure effective risk allocation·
  • Review risk management techniques during the life of a contract·

Training Methodology

  • Participants will increase competencies through a variety of instructional methods including lecture by an experienced practitioner and consultant, cases/exercises, reviewing published articles, checklists, and group discussions covering current practices and their relationship to the implementation of new concepts.
  • Delegates are encouraged to bring real problem examples with them, for discussion on a confidential basis, and to share their experience of particular issues in their company or industry. Time will be allowed for general discussions, and for one-to-one discussion with the trainer.

Organisational Impact

The organisation will benefit by:

  • Expanding the expertise of personnel involved in contract development and management will allow project and general management teams to be more effective.
  • The total cost of ownership will be understood and reduced by properly identifying and managing the risks.
  • Clear allocation of risk will reduce the possibility of disputes, and any that do arise should be settled more quickly, with less cost, delay and disruption.
  • Reducing project failure, costly changes, and cost overruns resulting from poor understanding and management of risk.
  • Implementing better risk management which improves the chance of project success.
  • Developing an appreciation of the true effect of contractual indemnities which will enable better decision-making as to contract structures and ensure that risk is passed to others properly and in a cost effective manner.

Personal Impact

Attendees will gain by participation in this program as a result of:

  • Increased understanding of risk
  • Better ability to allocate risk, and to select the appropriate contractual regime to achieve your aim
  • Develop risk identification and assessment skills
  • Heighten understanding of the alternative methods of allocating risk
  • Improve understanding of different approaches to managing risk during a contract
  • Improve the ability to reduce the negative impact of poorly-managed risk on a project or a company

SEMINAR OUTLINE 

DAY 1

Types and Management of Risk

  • The Need for Contractual Relationships
  • Defining Risk
  • Categories of R for Both Sides of a Contract
  • Risk Assessment Process
  • Managing Risk
  • Qualifying Suppliers
  • Defining Internal Control
  • Proportionality of Control

DAY 2

Minimizing and Transferring Risk

  • Transferring risk through Contract Types
  • Firm Fixed Price or Lump Sum Contracts
  • Cost reimbursable Contracts
  • Incentive Contracts
  • Award-Fee Pricing Arrangements
  • Indemnities
  • Cross Indemnities
  • Insurance

DAY 3

Risk Related Terms & Conditions

  • External events
  • Force majeure
  • Strikes and other labour disputes
  • Risk and Title
  • Use of ICC Incoterms
  • Assignment and Novation
  • Other clauses that need to flow down to sub-contractors
  • Risks associated with Sub-Contractors

DAY 4

Dealing with Financial Risks

  • Controlling Risk Associated with Payments
  • Currency Risk
  • Economic Risk
  • Fraud and Corruption
  • Limiting or excluding liability
  • Distinctions between liability in contract, and the general law
  • "Gross negligence"
  • A review of some sample clauses from standard contracts, and other real documents

DAY 5

Remedies When Bad Stuff Happens

  • Mistakes and Misrepresentations
  • Impracticability of Performance
  • Remedies Generally
  • Types of Remedies
  • Liquated damages
  • Warranties
  • Cover
  • Discussion of real examples (delegates are encouraged to bring real or made up examples for discussion)
  • Review of course and question and answer session

Knowledge

The adage that “knowledge” is power holds very true in this industry. In order to maximize results we are constantly updating and upgrading ourselves. This commitment to ongoing skills development is one of the reasons we are success, the belief that there is a “better way to do things” is what motivates us each and every day. By aligning with us you are going to benefit from our years of expertise in real world scenarios. Classroom learning is great but there is no substitute to real world experience which is what we are bringing to the table.

Quality

Billionaire investor Warren Buffett said “price is what you pay but quality is what you get” and that expression is very true. With use we understand that your time is very valuable and you only want the best and most current industry related knowledge which is what we bring to the table.  Instead of giving you massive amounts of inaccurate or outdated information you get precisely what you want, the most current knowledge so you can make truly informed decisions that will directly impact productivity and your bottom line. When results are what you are looking for then the choice is clear, we are your partners in success.

Innovation

Technology has revolutionized the way knowledge is disseminated in throughout the world, what use to take months or even years to reach the masses can be done in a few hours ! In order to remain relevant and viable we need to embrace innovations. The challenge with innovation is knowing when to implement it and what type of return you can expect from it. Instead of risking your time and resources we have the answers for you, Since we are at the vanguard of the industry whenever there is a fruitful innovation we will be there providing you with the information needed to make the right decision.

Respect

We understand you may have unique need so we provide a tailored made (bespoke for our U.K. friends) approach that will address your questions in the most conducive manner possible.  Respect to us means putting your interests, your needs at the forefront of our mind. You will see how genuine we are and that you not just “some customer” you are our partner in success just as much as we are your partner in success. We firmly believe in the “golden rule”, treat others with graciousness, courtesy and respect.  Come experience the difference that quality and respect makes and you will truly be amazed.

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