Contract Management Dispute & Arbitration

Course details

Course Description:

This course on contract management dispute and arbitration course covers the contempary legal frameworks and issues in which procurement and contract management operate. Practical tools and techniques are presented and applied during the course to ensure that participants gain a better understanding of their own real contracts and how to achieve required outcomes, products and services.

Case studies are an integral part of the course and provide a practical application to the content set out in the participants workbook.


 ​​​​​​​How attendees will benefit?

After completion of the programme, delegates will be able to:

• Understand the contract life cycle
• Identify business needs and stakeholders as the pertain to a contract
• Design a business case
• Summarize variables for negotiation
• Develop a negotiation strategy
• Conduct negotiations with a supplier
• Create a contract with complete signing
• Manage a contract over its term and ensure compliance

 
Course Content:

• Introduction to the Legal System in which Contracts Operate

An introduction to the legal framework in which contracts operate including sources of law, precedent and case law, introduction to contract drafting

• Contract Requirements

Requirements in order to create a valid contract including what is necessary to create a contract (and what a contract is not)

•  Issues Surrounding Contracts

Contractual concepts, parties' rights and obligations in relation to non-performance including liquidated damages, pre-contractual promises, implied terms, estoppel, factors affecting whether a contract is enforceable or not

•  Negligence

Liability and duty of care, negligence by professionals and how to minimise these risks

•  Disclosure in Contracting

Disclosure in relation to contracting - rights and obligations and including ways to protect your interests

•  Anti-Competitive Aspects of Contracting

Dangerous practices in relation to contracting including collusion; Bid rigging; Refusing to deal with particular businesses; Requirements to share infrastructure with competitors
 

• Oursourcing

Outsourcing - pros and cons, different contract types including lump sum, schedule of rates, cost plus, incentive contracting, alliance contracting. Incorporating discussion of current experiences with outsourcing from different enginering organisations (has it worked well or not, how to maximise benefits of outsourcing)

 

•  Types of Contracts

Lump sum; Cost plus; Incentive based contracting; Alliance contracting; Review clauses of actual contracts; Standard form contracts including AS2124 and AS4000

•  Tendering Processes

Tendering processes, typical criteria and weightings, typical approaches, managing the process effectively

•  Special Contract Clauses

Specific clauses in contracts eg Intellectual Property, latent conditions, key person clauses

• Disputes and Arbitration
• Local and International Arbitration

 
Course Style:

• Lecture or One-to-One training style.
• In house training.
• Group Training.
• Practical Training.

 
Remember:

• We provide this course in any place and at any time suitable for you.

Updated on 06 February, 2018