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:
- Competitive contract
- Negotiated contract
Discussing other types of contracts:
- Turnkey contract
- Series contract
- 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:
- Construction contracts – FIDIC
- Supply contracts
- Consultancy terms of reference TOR
- Special condition of contract
- 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