The critical importance of effective and appropriate contract drafting catered to the specific needs of the particular business and situation cannot be emphasized enough. Robust contracts identify and minimize risk for the organization and ensure that projects and procurement are carried out efficiently and without costly disputes.

All too frequently contract wording used is not properly understood which ultimately detrimentally affects the performance of the project and even possibly leads to contract failure.
Procurement and tendering have become increasingly sophisticated but all individuals need to be aware of the current and best practices adopted by some of the major international corporations in order to increase the effectiveness of their own procedures.
This course will assist all individuals in dealing with such contract wording and procedures in order to maximize the benefits to the organization and reduce risks.

Course highlights include:

• Examine the legal effectiveness and formation of contracts
• Assessing the appropriate contract type and tender process
• Key contract clauses focusing on risk, remedies and insurance
• Securing performance of a party's obligations
• Appropriate dispute resolution and dispute avoidance
The importance of Contracts

• Controlling the contract process
o Understanding the deal
o Controlling the negotiation
o Tips for effective negotiation
• Contract Formation
o Offer and Acceptance
o Battle of the forms
o Consideration and Intention
• Oral or written?
• Electronic contracts
• The value of due diligence and financial stability

Tender Process & Different Contract Types
• Auctions and Bids
• Tender Process
o Invitations to tender
o Request for Proposal
o Request for Quotation
o Pre-qualification
o Compliance
o Letters of Award
• Heads of Terms and Letters of Comfort
• Which contract type to select?
o Advantages and disadvantages of the main contract types
o The problem with fixed fees
o Modern methodology
• Economic Price Adjustment clauses
• Bonds and Guarantees
• Compliance with law/change of law


Main Contract Clauses

• Obligation to deliver/perform
o Controlling subcontractors
o Monitoring and Milestones
• Securing Payment
o Ensuring prompt payment
o Non payment remedies
o The use of Letters of Credit
• Parent Company Guarantees
o Delivery, Ownership and Risk in procurement
o Time and place of delivery
o Transfer of title and risk - ICC Incoterms
o What are retention of title clauses?
o Why is "time of the essence" important?
• Insurance
• Indemnities - when we need them
• Liquidated Damages/Penalties and the dangers


Other Key Considerations During the Commissioning Process

• Variations and changes
• Liability beyond contract
• The value of Intellectual property
• When do contracts end?
• Limiting liability
• Warranty
• Which law to apply to the contract?
• Final contract review and close out process



Dealing with Disputes

• Compromise and settlement
• Dispute Resolution clauses
• Litigation
• Arbitration
• Modern methods of resolving disputes
o Mediation
o Concilliation
o Early Neutral Evaluation
o Expert Determination
• Final review and questions
Certified Global Contracts manager certificate of completion will be awarded to class members who attend at least 80% of the 40 training hours are granted by the Management Development Institute through the College of Business Administration at Missouri State University. Recognized by the US Department.
Contract Law for Paralegals: Traditional and E-Contracts
Kathleen Reed, University of Toledo
Henry R. Cheeseman, University of Southern California
ISBN-10: 0132358190 • ISBN-13: 9780132358194
©2009 • Prentice Hall • Paper, 576 pp
Published 11/03/2008