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18 - CMN - Contract Management and Negotiation Skills
CMN 101 B - Negotiation Skills and Contract Management Techniques (8 Days)
Please contact us for fees
Course Description
Contracts are the basic structure of all business relationships, whether they be for the construction of a major new facility, or for the supply, the terms and the management of the contract itself are critical to the success of all companies. The course covers the three stages of contracting; negotiating the “deal”; documenting that deal in a robust, but practical way: and managing the performance of the contract itself. The intention is to develop general skills with application to a wide range of contracts, and to allow participants to have an awareness of practices in other areas and other industries, which may add value to their own situations.
Course Objectives
- Enhanced management skills will improve the efficiency of contract administration and management.
- How to negotiate a contractual arrangements
- What constitutes a valid contract
- Problem areas with major clauses, and how to avoid them
- Differences in approach between different legal systems
- Drafting issues that arise on common clauses, and how to negotiate these terms
- How to use standard form documents efficiently
- Techniques to improve the efficient management of contracts
- Latest thinking on dispute resolution, and ways to avoid disputes
Who Should Attend?
- Managers
- Supervisors
- Executives
- Anyone involved in management techniques
Course Details/Schedule
Day 1
- What constitutes a contract?
- How to structure commercial arrangements
- Innovative commercial solutions
- How to negotiate a contractual structure
- Basic techniques for negotiation
- How to document discussions
- Relationship between negotiation and contract drafting
Day 2
- pre- contract phase
- contract execution phase
- post award phase
- Closing a deal
- Dealing with difficult negotiators
- Using standard forms
- Developing your own standards
- Modifying forms
Day 3
- Dealing with contract qualifications and amendments
- Structuring complex documents
- “Level playing field” issues – how to be fair to more than one bidder
- Dealing with errors in a bid
- Negotiating complex wording
- Formalities to finalise the contract
- Performance of the work
- Title and Risk
Day 4
- Intellectual property
- Time for completion
- Extension of time
- Contract scope
- Change management definition
- Change management process
- Administrative changes
- Substantive changes
- Constructive changes
Day 5
- Force majeure
- Liquidated damages and penalties
- Termination and suspension
- Contract Compliance
- Risk assessment and management
- Kick-off meetings
- Assignment of responsibilities
- Setting and managing expectations
Day 6
- Planning
- Reporting – being realistic with requirements
- Progress meetings and expediting
- Dealing with defaults and external factors
- Payment issues – including international trade
- Recognising potential problems
- Dealing with issues as they arise
- Legal rights and commercial outcomes distinguished
Day 7
- Negotiation structures for internal dispute resolution
- Types of external dispute resolution
- Issues with different legal systems
- Enforcement of awards
- Management of disputes
- Avoiding disputes in the first place
Day 8
- International Contracting
- Distinctions between commercial, government and international contracting
- Laws of an international contract
- Drafting international contract clauses
- Currency issues
- Using international agents
- Enforcement of judgments in an international context
