Scientific Curricula for Specialized Leadership Preparation at Claims, Compensations & International, Local Contracts Interpretation
Course Code: LT12
Course Objective
- Evaluate the most appropriate contracting strategy
- Assess and manage key contractual risks
- Identify and avoid drafting pitfalls
- Compare ways of dealing with performance failures
- Successfully negotiate deals, contracts and disputes
Target Audience
- Project and General Management
- Contracts administrators, managers and claims handlers
- Procurement and purchasing staff
- Engineering, operational and maintenance personnel
- Commercial, financial and insurance professionals
Course Outline
DAY 1: Function, Formation and Validity of Contracts
- Key Principles
- Choosing the Right Strategy
- Structure, Format and Incorporation of Documents
- Language, Words and Phrases
- How to Avoid Drafting Pitfalls
- Use of International Standard Forms
DAY 2: Main Contract Clauses
- Delivery, Performance and Acceptance
- Title and Risk
- Programming and Completion
- Changes and Variations
- Price and Payment Terms
- Security and Withholding Rights
DAY 3: Other Key Clauses
- Force Majeure
- Intellectual Property Rights
- Indemnities and Insurance
- Bonds, Guarantees, Warranties
- Remedies for Default
- Damages and Limits/Exclusions of Liability
DAY 4: The Role of Negotiation
- What Is It – Why Use It?
- Characteristics of a Good Negotiator
- Negotiation Strategies
- Key Stages of Negotiation
- Tools and Techniques
- Negotiation in Practice
DAY 5: Dispute Management
- Choice of Law, Forum and Jurisdiction
- Contractual Management of Disputes
- Alternative Dispute Management Strategies
- Litigation or Arbitration?
- Enforcement Measures
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