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Seminars

Strategies & Techniques for Reading, Writing & Negotiating Contracts



Introduction:


This course offers strategies and techniques to appreciably enhance your ability to negotiate more favorable contracts, and solutions to disputes. All business professionals need to understand what a contract does (and does not) require them and the other party to the contract to do and the consequences of either party’s failure. Too often the wording used in contracts is not properly understood by those who are making decisions relating to those contracts. There may also be problems in assessing amendments proposed by the other party, and determining whether they are reasonable, or eroding your company’s position. This course will feature:

 

  • Guidance and practice in drafting, amending and negotiating principal contract clauses
  • How to use contract provisions to reduce both commercial risk, and risk of disputes
  • Use of the appropriate wording to protect your company’s interests
  • Effective management of claims and resolution of disputes
  • Principles widely used in international contracting

Course Objectives:


By the end of this course, delegates will be able to:

 

  • Recognize the importance of developing a solid scope of work and the implications of failing to do so
  • Decide when to negotiate, as opposed to tendering
  • Plan and conduct several contract-related negotiations
  • Use communication and planning skills that will allow reaching a win-win outcome
  • Successfully negotiate contractual claims and change orders
  • Demonstrate the ability to draft, negotiate and amend contracts
  • Recognize key contracting issues
  • Appreciate how contract clauses can be used to mitigate risk
  • Perform more skilfully in negotiating claims and disputes
  • Use the most effective and commercial ways to resolve disputes

Who Should Attend?


Procurement Managers, Purchasing Staff, Engineering, Operational and Maintenance Personnel, Contracts Engineers, Administrators, and Managers, Commercial, Financial and Insurance Professionals, Project and General Management, Contracts & Contracting Unit Professionals, Project Professionals, Procurement & Purchasing Staff, Purchasing Professionals and Procurement Officers, Commercial Professionals, Contract Administrators, Contract Administration Professionals, Contract Managers and Contract Professionals, Supply officers, Buyers, Project Coordinator’s, Project Managers and other Project Professionals, Claims Personnel, Legal Advisers, Contract Strategists, Business Audit Officers, Engineers, Project Construction Professionals, Contract Administrators, Contract Professionals and Project Coordinators, Buyers, Purchasing Professionals and Procurement Officers, Contracts Managers, Project Managers, Tenders, Contracts, Buyers, Purchasing, Financial Personnel, Tendering, Purchasing, Project Management Professionals, Engineering, Operational, Trade, Finance, and Maintenance Professionals, all others who are involved in the planning, evaluation, preparation and management of tenders, specifications, awards, and contracts that cover the acquisition of materials, equipment, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities, those from a Project Management or General Management background who do not think they have sufficient understanding of contract issues, those new to the function, preparing for a major project, or experienced managers looking for a refresher, anyone involved in the management of risk, those involved in implementing and administering contracts and handling claims and change orders; also those involved in any conflict or dispute with a contracting party and interested to learn how to avoid or resolve these contractual issues, those involved in contract and business related negotiations, those involved in any aspect of implementing, managing or administering contracts in the post-award phase

Course Outline:


Developing the Scope of Work

  • Must and want criteria
  • Assigning weights
  • Avoiding pitfalls through internal and external research
  • Evaluating your market

 

Commercial Use and Structure of Contracts

  • Function, formation and validity of contracts
  • Types of law, judicial and arbitral systems
  • Choice of law, forum and jurisdiction
  • Different types of contract
  • Contract structure and format
  • Incorporation and precedence of documents

 

Contract Drafting as Writing

  • Style and type of language
  • Common words and phrases
  • General pitfalls
  • Defined terms
  • Principal sections
  • Boilerplate provisions

 

Main Contract Clauses

  • Delivery, performance and acceptance
  • Title and risk
  • Programming and completion
  • Variations and changes
  • Price and payment terms
  • Security and withholding rights

 

Other Key Clauses

  • Force majeure
  • Intellectual property
  • Indemnities and insurance
  • Suspension and termination
  • Bonds, guarantees, warranties
  • Damages and limits/exclusions of liability

 

Planning: The Key to Win-Win Negotiation

  • The Planning Form
  • Different pricing strategies
  • Bases of power
  • Negotiating terms and conditions
  • Negotiating prices

 

Negotiation and Resolution of Disputes

  • Contingency funds in the contract price
  • Evaluating validity of a claim
  • Determining necessity of a change order
  • Authorizing extra funds
  • Time extension
  • Change rates
  • Standby rates
  • Negotiation – tools and techniques
  • Dispute resolution clauses
  • Litigation
  • Arbitration
  • Enforcement
  • Alternative dispute resolution (ADR)

COURSE LOCATIONS

Code From To City Fee
CM40 23 Feb 2020 27 Feb 2020 Dubai US$ 4200 Book
CM40 27 Apr 2020 01 May 2020 Kuala Lumpur US$ 4500 Book
CM40 25 May 2020 29 May 2020 London US$ 5000 Book
CM40 06 Jul 2020 10 Jul 2020 Barcelona US$ 5500 Book
CM40 27 Sep 2020 01 Oct 2020 Sharm el Sheikh US$ 4000 Book
CM40 23 Nov 2020 27 Nov 2020 Cyprus US$ 5500 Book


DUBAI OFFICE

Ittihad Deira Building,
Al Ittihad Rd, Deira
Dubai,
UAE

info@petrogas-training.com

USA OFFICE

642 E14 Street,
10009-13 Manhattan,
New York (NY)
USA

info@petrogas-training.com

EGYPT OFFICE

52 General Kamal Hejab Street,
Suez Bridge,
Cairo,
Egypt

info@petrogas-training.com
 

COURSE CERTIFICATE

Certificate of Completion will be provided to the candidate(s) who successfully attend and complete the course. Training hours attendance percentage of 75% is required.


TRAINING HOURS

Standard course hours: 8:30 A.M. to 3:30 P.M. Informal discussions: 4:30 P.M. to 5:30 P.M.


TRAINING METHODOLOGY

We use a blend of interactive and hands-on methods, active participation, a variety of instructional techniques, dynamic presentations, individual and group exercises, in depth discussion, DVD’s, role-plays, case studies, examples. All of the information, competencies, knowledge and skills acquired within our training programs, are 100% transferrable to the participants’ workplace.


ASSESSMENT & EVALUATION

Pre-Test and Post-Test Assessment are applied on 5-day and 10-day programs. Also, post course evaluation and candidate’s evaluation are applied to add another level of quality measurement. Candidates’ feedback is highly appreciated to elevate the training service quality.


ORGANIZATIONAL IMPACT

A- Have staff trained in the latest training and development approaches

B- Support nationalization and talent management initiatives

C- Have properly trained and informed people who will be able to add value

D- Gain relevant technical knowledge, skills and competencies


PERSONAL IMPACT

A- Develop job related skills

B- Develop personal skills in subject matter

C- Have a record of your growth and learning results

D- Bring proof of your progress back to your organization

F- Become competent, effective and productive

G- Be more able to make sound decisions

H- Be more effective in day to day work by mastering job-related processes

I- Create and develop competency to perform job well


FREQUENT NOMINATIONS SCHEME

A- 10% discount after 05 candidates’ registration.

B- 15% discount after 10 candidates’ registration.    

C- 20% discount after 20 candidates’ registration.

D- 25% discount after 25 candidates’ registration.

E- 30% discount after 30 candidates’ registration

F- Higher discount rates will be offered based on work volume with different clients.  


SEVERAL NOMINATIONS ON THE SAME COURSE SCHEME

A- One extra free seat is offered on 4 candidates on the same course and dates.

B- Two extra free seats are offered on 6 candidates on the same course and dates.

C- Three extra free seats are offered on 8 candidates on the same course and dates.

D- Four extra free seats are offered on 10 candidates on the same course and dates.

E- Five extra free seats are offered on 12 candidates on the same course and dates.


REGISTRATION POLICY

Nominations to our public courses are to be processed by the client’s Training and/or HR departments. A refund will be issued back to the client in the event of course cancellation or seat unavailability. A confirmation will be issued to the relevant department official(s). 


CANCELLATION POLICY

If a confirmed registration is cancelled less than 5 working days prior to the course start date, a substitute participant may be nominated to attend the same course or a 20% cancellation charge is applied. In case of a no-show, a 100% fee will be charged.


PAYMENT POLICY

Payment is due upon receiving the course confirmation, invoice and/or proforma invoice. However; the fee due can be wire transferred to our bank account directly after course completion. Our bank details are illustrated on the confirmation, invoice and proforma invoice, as well. The above documents can be communicated electronically, i.e., in a soft copy or/and in hard copy based on customer’s request.


COPYRIGHT

© 2017. Material published by PETROGAS shown here is copyrighted. © 2017. All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing in any medium, transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.