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Seminars

The Fundamentals of Contracting Strategies



Introduction:


The course will help delegates to develop their ability to negotiate contracts effectively. It will equip them with a range of interpersonal skills, and appreciation of the elements of planning and objective setting in negotiations. There will be an opportunity for delegates to carry out a self-assessment of their skills in key areas of negotiation including team negotiations. Every day significant money is made and lost by organizations as a result of the contractual terms and conditions governing contracts for the purchase of goods, equipment, and services. Since all business activities are governed by contractual relationships, it is increasingly important for all those dealing with outside organizations to have an understanding of how to obtain the best possible agreement for their organization. This course will feature:

 

  • How contracts are created and the main clauses that appear in contracts
  • Alternative contracting strategies and structures
  • Methods to be used in negotiating contracts
  • Commercial issues arising from business agreements written in the English language
  • Negotiating  contractual variations and claims

Course Objectives:


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

 

  • Understand how contracts are formed
  • Explain how to use contract provisions to reduce the risk of disputes
  • Understand the impact dispute may have on relationships over the long term
  • Describe the use of strategies to resolve the causes of disputes
  • Improve appreciation of legal issues in contracts and develop new skills in negotiation

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:


The Fundamentals of Contracting

  • The reasons for using contracts
  • Basic principles in contract formation
  • Examples of formalities for contract formation
  • Authority to sign a contract and the principles of agency
  • Basic contractual structures
  • Use of different types of contract for different business models

 

Main Contract Provisions and Associated Issues: Managing Risk

  • Hierarchy of contract terms
  • Warranty, indemnity and Insurance provisions
  • Distribution of risk and performance obligations
  • Termination, suspension and force majeure
  • Selecting the appropriate law to govern the contract
  • Collateral warranties and entire agreement

 

Changes and Variations

  • Changes to the contract
  • Transfer of rights: assignment and novation
  • Variation to the scope of work and variations clauses
  • Controlling and managing change
  • Minimizing claims and disputes
  • Delay and disruption

 

Standardising Contractual Documents and Securitising Performance

  • Use of standard form contractual documents
  • International standard form agreements
  • Bonds, guarantees and letters of assurance
  • Managing payment risk
  • Reservation of ownership
  • Remedies for default rework,  re-performance, damages, penalties and performance

 

Dispute Resolution and Conflict Management

  • Using contracts to avoid disputes
  • Tiered dispute resolution mechanisms
  • The contract clause to encourage negotiation
  • Litigation and arbitration
  • Modern dispute resolution processes including mediation
  • Course review and analysis

 

Fundamentals of Negotiation

  • Negotiation defined
  • Disputes and the need for resolution
  • Place of negotiation in the contractual resolution process
  • Commercial impact of the breakdown of negotiations
  • Best alternative to a negotiated agreement (BATNA)
  • The four phase process of negotiation

 

The Negotiator’s Toolbox

  • Preparation
  • Information needs
  • Drafting your proposal which will open the discussion
  • The negotiation discussion phase
  • Bargain and close
  • Negotiating position setting

 

Negotiating Styles, Tactics and Ploys

  • Cultural & international issues
  • Red, purple & blue negotiators
  • Non-verbal communication and the interpretation of body language
  • Make time your friend
  • Silence and ploys as tactics and how to respond effectively

 

Personal Fitness and Dealing with Difficult Negotiations

  • Interests, positions and escalation
  • Stakeholder power behind the interests in negotiation
  • Negotiator as a mediator
  • Team negotiations
  • Proposals and persuasion

 

Putting it all into Practice

  • Negotiation case study
  • Team allocation and simulation exercise
  • Analysis of performance
  • The do’s and don’ts of negotiating
  • Improving what we do - action planning

COURSE LOCATIONS

Code From To City Fee
CM37 20 Jan 2020 24 Jan 2020 Los Angeles US$ 5500 Book
CM37 23 Mar 2020 27 Mar 2020 Manila US$ 5500 Book
CM37 24 May 2020 28 May 2020 Riyadh US$ 4000 Book
CM37 20 Jul 2020 24 Jul 2020 Istanbul US$ 4500 Book
CM37 27 Sep 2020 01 Oct 2020 Doha US$ 4000 Book
CM37 09 Nov 2020 13 Nov 2020 Kuala Lumpur US$ 4500 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.