Contract Risk Management
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Legal & Law

Contract Risk Management

HRD Corp Claimable

Contracts form the backbone of every commercial transaction, yet even minor errors can lead to significant financial and legal consequences. This course equips professionals with advanced skills in drafting, negotiation, and risk mitigation to build resilient contracts and protect organizations from disputes.

Programme Overview

Contracts form the backbone of every commercial transaction, yet even minor errors can lead to significant financial and legal consequences. This course addresses these critical questions by equipping professionals with advanced skills in drafting, negotiation, and risk mitigation. Through real-world case studies, proactive strategies, and practical exercises, participants will learn to foresee risks, manage liabilities, and implement robust contract management processes. By the end, you'll not only understand the essentials of contract law but also master techniques to protect your organisation from costly disputes and uncertainties.

Learning Outcomes

  • Understand essential elements and legal rules of contracts

  • Master drafting techniques to allocate risks fairly

  • Identify and mitigate performance, financial, and legal risks

  • Develop negotiation strategies for complex agreements

  • Implement effective contract management and change processes

  • Analyse case studies and create personalised action plans

Who Should Attend?

  • Contract managers and administrators

  • Procurement and supply chain professionals

  • Project managers and risk officers

  • Legal and compliance teams

  • Business leaders involved in governance and integrity practices

Course Outline

Day 1 (9:00 AM to 5:00 PM)

Module 1: ESSENTIAL ELEMENTS & LEGAL RULES OF A COMMERCIAL CONTRACT

    • Offer

    • Acceptance

    • Consideration

    • Intention to Create Legal Relations

    • Capacity to Contract

Module 2: TERMS OF CONTRACT

    • Express and Implied terms and evidence of contractual terms

    • The Three Triangles of Commercial Contractual Relationships

    • Case studies and Activities

Module 3: CONTRACT STRUCTURE: CHOOSING THE RIGHT FRAMEWORK AND HOW TO MAKE THE DOCUMENT WORK.

    • Signed Agreements

    • Scope of work

    • Framework agreements and how not to scatter conflicting terms through the contract;

    • How to structure for clarity

    • What are warranties?

    • The purpose of Warranties and "Fair disclosures"

Module 4: PROACTIVE MITIGATION STRATEGIES: MINIMIZING RISK FROM THE START

    • Developing Effective Contract Drafting Techniques to Allocate Risks Fairly

    • Utilising Risk Identification Tools and Techniques to Proactively Identify Potential Issues

    • implementing Strategies to Mitigate Performance, Schedule, Financial, and Legal Risks

    • Q & A session

    • End of Day 1 training

Day 2 (9:00 AM to 5:00 PM)

Module 5: MANAGING CONTRACTUAL LIABILITIES CONTENTS IN COMMERCIAL CONTRACTING

    • Understanding Exemption Clauses

    • Key ideas on drafting Exemption Clauses

    • Understanding Liquidated Damages and Penalties

    • Understanding Consequential Loss and Indirect Damages

    • Case studies and Activities

Module 6: TERMINATION OF CONTRACT

    • Termination by notice and without notice

    • Effects of Termination – discharge or preservation of liabilities

Module 7: NEGOTIATING COMMERCIAL CONTRACTS

    • How do you negotiate a contract?

    • Representations and statements made in the course of pre contractual negotiations;

    • Negotiating Third Party relationship to warranties in a contract

    • Negotiating Warranties and breach of Warranty

    • Lunch Break

Module 8: EFFECTIVE CONTRACT MANAGEMENT: MONITORING PROGRESS AND ADDRESSING ISSUES

    • Establishing Robust Contract Management Processes for Continuous Monitoring and Risk Assessment

    • Utilising Effective Communication Strategies to Manage Stakeholder Expectations and Address Risk Concerns Collaboratively

    • Implementing Change Management Processes to Adapt to Unexpected Events.

Module 9: LEARNING FROM THE BEST: CASE STUDIES AND ACTION PLANNING

    • Analysing Real-World Case Studies of Successful Contract Risk Management Practices

    • Exploring Emerging Trends and Best Practices in Contract Risk Management

    • Formulating a Personalised Action Plan to Implement Effective Contract Risk Management Strategies Within Your Organisation.

End of training

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