Effective Purchasing and Contract Negotiation Strategies

Course Description

Understanding contract law has become an essential part of conducting our daily business functions. Whether you are in purchasing, contract management, subcontracts, project management, general management or sales, you are constantly involved with legal and contract principles, sometimes without even realizing it.

Your ability to be effective and to keep your company out of costly and time-consuming legal disputes depends on your knowledge or relevant laws, but also on the ability to read and understand Contracts, and to draft or re-write such Contracts effectively.

Too often the wording used in Contracts is not properly understood by those who are making decisions relating to those Contracts, and non-specialists are reluctant to get involved in the process of drafting and amending the documents which are critical to their company’s success. There may also be problems in assessing amendments proposed by the other party, and determining whether these are reasonable, or are eroding your company’s position.
This course is not intended to provide a full training in contract law. It is, however, intended to provide insight into how Contracts are drafted and amended, and to provide delegates with hands-on experience in dealing with drafting and negotiating Contracts, and to explain the reason behind the sometimes strange language that is used.

Course Objective

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)

Course Certificate

Who Should attend?

Contract Administrators

Contracting Unit Supervisors

Project Engineers and Project Managers

Claims Managers and Business Audit Officers

Contract Strategists

General Managers involved in contract negotiation

Commercial Managers

Purchasing Officers & Supervisors

Buyers

Supply Manage

Course Outline

Module 1

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

Module 2
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

Module 3
Negotiation and Resolution of Disputes

Contract negotiation – continued
Dispute Resolution clauses
Unequal bargaining positions
Negotiation, compromise and settlement
Litigation
Arbitration
Enforcement of awards
Alternative Dispute Resolution – Mediation
Practical application of mediation techniques
Avoiding disputes by sound contract management

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Tambahan Informasi :

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Effective Purchasing and Contract Negotiation Strategies