Contract Risk Management

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