Participants will learn to:

• Understand the various types of contracts, their key elements, and relevant legal regulations.
• Apply modern strategies for managing contracts to prevent conflicts and disputes.
• Grasp the fundamentals of the contractual process, including planning, scope development, and sourcing options.
• Prepare contracts by defining scope, selecting sourcing methods, and addressing legal and technical requirements.
• Implement risk allocation strategies across different contract types to reduce risks and manage uncertainty.
• Oversee post-award activities, including contract closure and termination.
• Apply effective dispute resolution techniques to manage termination-related conflicts.
• Use negotiation principles to reach agreements that satisfy all parties and prevent disputes.

This course is ideal for professionals responsible for contract management and those seeking to strengthen their understanding of the contract process. It is particularly beneficial for:

• Contract Managers
• Contract Administrators
• Procurement Managers
• Contract Engineers
• Project Managers
• Lawyers and Legal Professionals
• Quantity Surveyors
• Sales Managers
• Commercial Managers
• Suppliers and Consultants
• Anyone involved in contract management within their broader role

Day 1: Introduction to Contracts

• Understanding the meaning of contracts and their significance
• Exploring the elements of contracts: Legal, technical, and administrative elements
• Types of contracts: verbal vs. written contracts
• Exploring contract lifecycle
• Discussing laws and regulations in contract
• Laws and regulations in contract
• Understanding the meaning of risk allocation among contracting parties
• Discussing the fundamentals of identifying contractors, service providers, or supplier
• Understanding the contractual obligations of the parties
• Practical exercise: Analyzing standard contract sample

Day 2: Scope Development

• Understanding sourcing strategies
• Classifying contracts based on pricing methods:
• Fixed price contract
• Price adjustment contract
• Cost-plus contract
• Bills of quantity contract
• Schedule of rates contract

Classifying contracts based on contracting methods:

1. Competitive contract
2. Negotiated contract

Discussing other types of contracts:

1. Turnkey contract
2. Series contract
3. Frame contracts

• Techniques for identifying contractual requirements, including legal, technical, commercial, and financial requirements
• Discussing the pros and cons of standard form contracts
• Understanding Scope, pricing, and payment terms in contracts

Day3: Contractual Clauses Interpretation Rules:

• Understanding the manifestation of intent
• Discussing key rules of contract interpretation
• Defining parole evidence rule
• Discussing the role of the doctrine of contra proferentem in managing contracts
• Understanding key contractual clauses in:

1. Construction contracts – FIDIC
2. Supply contracts
3. Consultancy terms of reference TOR
4. Special condition of contract
5. Insurance and guarantees

• Practical exercise: group activity on drafting terms of reference

Day 4: Contract Negotiations, Modification & Termination:

• Understanding the principles of contract negotiation
• Exploring contract negotiation strategies
• Understand BATA: Best alternative to a negotiated agreement
• Defining win-win negotiations
• Discussing when contracts need modification
• Understanding the contract termination process 
• Role play: negotiations on contract terms

Day 5: Contract Disputes Resolution:

• Understanding when disputes occur
• Discussing techniques for avoiding disputes
• Identifying the role of negotiation in resolving disputes
• Understanding contractual clauses related to disputes and dispute resolution
• Defining compensation claims and when it occurs
• Understanding arbitration clauses and procedures
• Practical exercise: drafting an arbitration clause
• Recap and course evaluation

BTS attendance certificate will be issued to all attendees completing minimum of 80% of the total course duration.