Reviewing and Analyzing Contract Terms & Conditions to Mitigate Risks, Ambiguities and Conflicts

Course details

A poorly drafted contract can give rise to ambiguities and result in significant contract disputes, claims and conflicts among the contract parties.

This comprehensive program is specifically designed for non-legal professionals to show you how to effectively review, analyze and re-draft your contract’s key terms and conditions to eliminate ambiguities andminimize the risks of conflicts and damages to your company. You will learn what the important contractual terms you need to review that will protect your company’s interests are, identify key terms and conditions that can create issues for you and your company in future and discover how to re-draft these contract terms to ensure that they are clear, concise and comprehensive. Even if your contract covers damages and losses, this program will help you understand the limitation of such liability clauses and how you can effectively enforce the contract to recover your damages in the case of default and disputes. You will review case studies from both the suppliers' and customers' point of view to learn what your counterparty’s key concerns and understand how to negotiate effectively with them to minimize any conflicts you may have later.

Led by 2 outstanding faculty director, Malcolm Dowden and Michael Twomey, you will leave this program with the confidence to input and analyze key contract terms and clauses within your contracts to protect your organization from liabilities and potential disputes arising from contract ambiguities.

What You Can Expect

• Discover how you can identify, review and analyze key terms and conditions to remove ambiguities within your contracts
• Understand the limitations of liability clauses to mitigate your damages and loss
• Ensure your contract terms and conditions are clear, concise and comprehensive contracts
• Pick up best practices in handling disputes and termination of contracts in the event of a contract breach
• Understand how indemnities, insurance and force majeure clauses within your contracts minimize your contractual risks in the event of unforeseen circumstances
• Acquire effective negotiation skills to handle your contractual partners and sub-contractors effectively without being unnerved under tough bargaining sessions

Who Will Benefit Most

This course is designed for Contract Managers/Executives, Commercial Managers/Executives, Sales and Marketing Managers, Claim Managers, Purchasing Managers/Executives, Project Managers/Engineers/Financiers, Buyers, Procurement, Business Development Managers, Supply Managers, Trade and Export Finance Managers, Corporate Directors, and Corporate/in-House Legal Counsels.

Program Outline

Day One

• Understanding contract negotiation
• Reviewing key terms
• Interpreting a contract
• Reviewing a contract
• Reviewing and checking the meaning of a clause
• Is it enforceable?
• Does the clause create an obligation?
• Best and reasonable endeavors
• Compliance with specification
• Standard of care and skill or an absolute warranty?
• Insurance – analyzing wording to assess scope of protection

Day Two

• Limitation of liability and exclusion clauses
• Indemnities
• Force majeure clauses
• Handling disputes
• Remedies provisions in the contract and liquidated damages
• Contractual provisions and sub-contractors
• Analyzing Supplier’s and Customer’s terms and conditions – review, negotiation and drafting