Contract Professional Training

Overview

In every organisation, the foundation of business activities rests upon the creation, drafting, negotiation, and management of contracts. Those engaged in the contracting process are now expected to act as contract professionals, recognising that contracts are no longer merely an adjunct to their primary roles. The increasing complexity of contracts, especially in international contexts, underscores the vital need for such skills.

With these considerations in mind, the 5-day Contract Professional Training course, offered by Al-Majd Pathways Centre (APC), is meticulously designed to:

• Scrutinise the fundamentals of contracting, with a special focus on international contracts.

• Explore the methods of contract creation, including competitive tendering.

• Address key issues in contract drafting, emphasising clarity of language.

• Provide insights into preparing for and conducting negotiations, whether concerning contract terms or post-contract claims.

• Review significant aspects involved in bringing a contract to closure.

TRAINING OBJECTIVES

The objectives of the APC Contract Professional Training course are:

• To gain an in-depth understanding of the nuances of contracts.

• To comprehend the applicability of contracts in international contexts.

• To explore diverse contract creation methods and strategies tailored to various project types.

• To evaluate different contract types.

• To analyse the challenges that often arise in contract drafting.

• To enhance negotiation skills relevant to contract-related discussions.

• To share practical examples of contract management techniques for optimising organisational outcomes.

WHO SHOULD ATTEND?

This intensive training course is suitable for professionals from various industrial sectors and involved in different procurement processes at any contracting stage, including but not limited to:

• Engineering

• Project Management

• Construction

• Tendering

• Contracts Management

• Procurement

• Commercial Management

• Finance

Whether you are new to this field or preparing for a major project, this course provides a solid foundation. Additionally, experienced managers seeking a refresher will find value in this training.

TRAINING APPROACH

The Contract Professional Training course by Al-Majd Pathways Centre (APC) combines traditional teaching methods with extensive participant involvement. This includes interactive discussions, exercises, and the encouragement of participants to share their own experiences for discussion and debate. Whenever possible, real-world examples and brief case studies from diverse global industries are incorporated to ensure the course's relevance.

TRAINING OUTLINE

Day 1: The Basis of Contracts

• Understanding the global fundamentals of contracts

• How contracts are formed worldwide

• Exchange of promises

• Contract formalities, including writing, sealing, and tax considerations

• Mental capacity and the age of contracting parties

• Status of corporate entities and their authority to contract

• Handling issues with foreign parties and agents

• Dealing with scenarios where no agreed contract exists

Day 2: Creating a Contract

• Exploring competitive tendering and its purpose

• Addressing challenges related to competitive tendering

• Other procurement methods, such as single/sole sourcing, framework agreements, and negotiated contracts

• Diverse contract types, including traditional and innovative approaches

• Selecting the right contract type for specific projects

• Utilising standard forms, both at the company and international levels

• Awarding contracts, including the use of Letters of Intent and Letters of Award

• Considering conditions precedent and conditions subsequent

• Managing collateral documents, including bonds, guarantees, and insurance arrangements

• Conducting bidder de-briefings and kick-off meetings

Day 3: Drafting Contracts

• Emphasising the importance of clear language in contract drafting

• Addressing translation challenges

• Exploring critical clauses, such as those related to health, safety, and the environment; work/product/service standards; scope of work changes; indemnities; insurance; delivery timelines; liquidated damages/penalties; force majeure; limitation of liability; warranty and guarantee periods; suspension and termination

• The concept of the entire agreement

• Notifying contract parties

• Determining applicable law

• Engaging in drafting exercises

Day 4: Negotiation

• Phases of negotiation, including awarding contracts and addressing disputes

• Negotiation techniques and preparation

• Strategies for effective negotiation

• Handling difficult negotiation counterparts

• Negotiation exercises

• Dispute resolution methods, including phase negotiation, arbitration, litigation, mediation, expert determination, and other alternative solutions

• Addressing international context challenges in dispute resolution

Day 5: Contract Management

• Distinguishing between project and contract management roles

• Identifying key roles in contract management

• Managing document control and change control

• Streamlining payment processes

• Assessing the impact of delays

• International contract issues

• Managing contract terminations

• Closing out contracts – contractual considerations

• Final course review and participant questions

Format: On-site and Online

Language(s): English

Duration: One Week

Certificate of Completion: Upon successful completion of the program, participants will receive a Certificate of Completion from Al-Majd Pathways Centre (APC).