________________________________________________________________________________________________

Objectives

• To provide delegates with an understanding of the law and practice of the risks inherent in the formation and management of contracts.
• Thorough analysis of key contract provisions, provide instruction on how to manage contract risk effectively.
• To identify essential contract clauses and understand the specific terms and conditions.
• Provide you with the ability to negotiate an effective contract to protect your corporation’s interests.
• Identify where things can go wrong, and learn how to avoid problems, or mitigate their effects through well drafted contracts and good management.
• Understand how to avoid disputes but be prepared to deal with them if they arise.

The Delegates

• Marketing and sales staff.
• Management Professionals.
• Other employees in corporate or governmental organisations who have a responsibility for drafting, negotiating, or approving contracts.
• Professionals such as legal and financial staff.

The Contents

• How Contracts are Created :
• Quantifying risks
• The benefits of understanding contracts
• The pitfalls of getting it wrong
• Controlling the contract process
• Understanding the deal
• Controlling the negotiation
• Contract Formation
• Offer and Acceptance
• Battle of the forms
• Consideration and Intention
• Does a contract have to be written?
• Pre-contractual issues and documents
• Due diligence, permits, and financial stability
• When are you committed?
• Controlling the Contracting Process
• Auctions, Bids and Tenders
• Invitations to Tender and Treat
• Heads of Terms and Letters of Intent
• Bonds and Guarantees
• Standby Letters of Credit
• Form of Agreement
• Contractual structures
• Incorporating standard terms of business
• Informal Contracts
• Letters of Comfort
• Subcontracts and Warranties
• Key Contract Clauses:
• Pre-contracts and post contract “qualification phrases”
• Subject to contract
• “Without prejudice”
• Subject to client comment
• Securing Payment
• Payment Obligations
• Non payment remedies
• Letters of credit
• Guarantees
• Delivery, Ownership and Risk
• Time and place of delivery
• Late and failed delivery
• Damage in transit
• Ownership and Acceptance
• Transfer of title and risk
• Retention of title
• Time of the essence
• Liquidated Damages
• When Things Go Wrong :
• Contract Liability
• Managing Liability
• Limits of liability
• Damages
• Insurance and Indemnities
• Product Liability
• How a claim is brought in contract
• How a claim is brought in negligence
• Practical Risks
• Frustration of a contract
• Force majeure
• Notices and Service
• Entire Agreement & Waiver
• Interpretation and Signing
• Authority to sign a contract
• Power of Attorney
• When do contracts end?
• Termination/discharge
• Transfer
• Variation
• Mistake
• Disputes and Compliance
• Choice of Law
• Choice of dispute resolution
• Negotiated settlement
• Litigation
• Arbitration
• Mediation, adjudication, and experts
• Settlement Issues
• Enforcement of judgements and awards
• Jurisdiction
• The Importance of Business Integrity
• Bribery
• Corruption
• Money laundering
• Competition law
• Course summary.

 Notes:

• Great Discount for companies and governmental Organizations .
• All programs are held in five star hotels .
• All lecturers have sufficient knowledge and experience to implement the programs at an optimal level .
• Large package of services is offered to the participants .

The Discount

10% in case of Three P. (or more)