Resolving Contract Dispute and Avoiding Construction Claims
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Resolving Contract Dispute and Avoiding Construction Claims Course
Introduction:
Understanding contract law has become vital for effective business operations across various functions such as purchasing, contract management, subcontracts, project management, general management, and sales. Even without realizing it, professionals in these roles frequently encounter legal and contractual principles. However, many individuals lack a proper understanding of contract wording, which can lead to challenges in decision-making, drafting, and amending critical documents necessary for their company's success.
This course addresses contracts written in English and follows widely adopted principles in international contracting. It aims to equip participants with the knowledge and skills to navigate contract-related challenges, including assessing proposed amendments from the other party and determining their reasonableness and potential impact on the company's position. By enhancing contract law comprehension, professionals can make informed decisions and contribute effectively to contract-related processes.
Course Objectives:
After participating in this course, you will be able to:
- Provide an understanding of contract structures, and how and why contracts are drafted in particular ways
- Enhance understanding of the legal principles behind contracts
- Provide an understanding of some of the main clauses in different types of agreements
- Explain the commercial impact of particular provisions.
- Discuss the differences between similar clauses in different international standards
- Show how to develop your own “standard” clauses
- Develop an understanding of when to accept proposed amendments, and when to reject them, including how to give clear reasons for such rejection
- Give practice in amending documents to meet particular requirements, including the use of Special Conditions
- Provide strategies and tactics for negotiating on possible contract amendments
- Explain how to use contract provisions to reduce the risk of disputes.
- Where disputes do arise, show how the contract can be used to minimize these disputes, and some of the methods by which disputes are resolved in international contracting (including non-traditional approaches, such as mediation)
Who Should Attend?
- Planning Engineers & Supervisors
- Contract Professionals
- Project Engineers and Project Professionals
- Claims Personnel and Business Audit Officers
- Contract Strategists
- Commercial Professionals
- Purchasing Officers & Personnel
- Buyers
- Supply Professionals
Course Outlines:
How and Why Contracts are drafted
- Why we use contracts Formation of a Contract
- The key elements of a contract
- Oral or written?
- Terms and Conditions of contract
- Agency issues
- The basic structure of a contract
- Incorporating documents by reference
- Standard Forms
- Form of Agreement
- Principles of contract negotiation
Main Contract Clauses Obligation to deliver/perform
- Rework/re-performance
- Risk
- Title
- Compliance with law/change of law
- Indemnities
- Insurance § Third parties
- Liability in negligence – relationship with contract conditions
Main Contract Clauses - continued
- Variations and changes
- Product liability and defective goods - rejection
- Precedence of documents – Special Conditions
- Intellectual property
- Taxation
- Suspension and termination
- Acceptance and Certificates
- Payment
- Liquidated damages/penalties
- Limits of liability
- Guarantee/Warranty/Maintenance
- Conflict of Laws and Choice of Law Clauses
Other documents and Negotiations
- Letters of Intent or Award
- Bank and Insurance Bonds
- Letters of Comfort or Awareness
- Collateral warranties
- Alliance /Partnering Agreements
- “Side Letters”
- Finance arrangements
- Negotiating contract qualifications and amendments
Negotiation and Resolution of Disputes
- Contract negotiation - continued
- Dispute Resolution clauses
- Unequal bargaining positions
- Negotiation, compromise, and settlement
- Litigation
- Arbitration